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THE DEVELOPMENT 

OF 

FOREST LAW IN AMERICA 

A Historical Presentation of the Successive Enactments, 
by the Legislatures of the Forty-eight States of the 
American Union and by the Federal Congress, 
Directed to the Conservation and Adminis- 
tration of Forest Resources. 



BY 



J. P KINNEY, A. B., LL.B., M. F. 

Chief Supervisor of Forests, United States Indian Service 



FIRST EDITION 



NEW YORK : 
John Wiley & Sons, Inc. 

LONDON: 
Chapman & Hall, Limited V 

1917 






Copyright, 1917, 

by 

J. P Kinney 





SEP 24 1917 


i 

? 


Press of 
The Abthub H. Crist Co. 
Cooperstown, N. Y. 


i 


©C1,A47J3B33 




n^x^ 1 , 



TO THB MEMORY OF 

HARRY DAY EVERETT 

A CAPABLE FORESTER, A FAITHFUL FRIEND AND AN 
ARDENTLY LOYAL AMERICAN, THROUGH WHOSE EX- 
CEPTIONAL ABILITY AND ZEALOUS DEVOTION THE 
CAUSE OF FORESTRY MIGHT HAVE GAINED MUCH 
BUT FOR HIS UNTIMELY AND TRAGIC DEATH IN THE 
PHILIPPINE FOREST SERVICE. 

THIS BOOK IS DEDICATED 



Preface 

In the year 1773 A. D. there was published at Newbern, 
North Carolina, a book bearing the title, "A Complete 
Revisal of all the Acts of Assembly of the Province of 
North CaroKna now in force and use." 

In dedicating this work to Josiah Martin, Governor of 
the Province of North CaroUna at that time, James Davis, 
the author of the book, said: "The first edition of a Revisal 
of our laws being long since sold off, and a great length of 
Time elapsing since that Work was finished, they are now 
unavoidably thrown into as great perplexity as ever; as in 
a young and flourishing Country like thip, the Face of 
Affairs must necessarily change with the Accession of 
Peoples, and their Application to Industry, and almost 
every Session of Assembly cause a Mutability in our Laws, 
according as the internal Policy and Regulations of the 
Province require." 

Although the charter to the proprietors of Carolina had 
been granted on March 24, 1663 by Charles II of England 
and settlement had been established within the boundaries 
of the present state of North Carolina soon afterward, the 
total population of both North and South Carolina at the 
close of the seventeenth century has been estimated by 
competent authority to have been only eight thousand 
souls, ^ and when the revisal of the laws of the royal pro- 
vince (established in 1692) was pubhshed in 1773, the total 
population of North CaroHna, both white and colored, 
could not have been more than three himdred and seventy- 
five thousand, or less than one-sixth of its population in 
1916.^ Yet with this comparatively small population and 



1. History of the United States, Bancroft, (authors last revision) Vol. 2, and p. 608. 

2. See a Century of Population Growth in the United States (1790-1900), Govern- 

ment Printing Office, Wash., D. C. 1909. table 105. p. 205, giving the total pop- 
ulation of North Carolina in 1790 as 395,000. 



VI FOKEST LAW IN AMERICA 

with a social and industrial organization that we cannot, 
from the standpoint of the twentieth century, consider 
other than extremely simple, Mr. Davis found legislative 
innovations so frequent as to make it difficult to trace the 
thread of the law through a few decades in his own state. 

Reference has been made to the perplexities of this pre- 
Revolutionary compiler of the laws of North Carohna only 
for the purpose of illustrating the character of the difficul- 
ties that have been encountered by the author in attempt- 
ing to trace through approximately three centuries the 
development of forest legislation in America and with the 
aim of thus obtaining from the reader a tolerant consider- 
ation of the imperfections of the present work. Previous 
to 1773 a number of the EngUsh colonies and provinces 
had developed a more extensive body of laws than North 
Carolina and subsequent to that time the expansion of 
the thirteen sparsely populated and undeveloped colonies 
into a nation of forty-eight sovereign states, each having 
an independent legislative authority, has resulted in the 
accumulation of a mass of forest law that the writer found 
truly formidable. 

In an earher publication ^ the author presented the 
development of legislation regarding forest subjects enacted 
in the English colonies, and provinces and in the thirteen 
American states under the Articles of Confederation; and 
in a book which was largely written contemporaneously 
with this volume he has discussed in a cursory manner the 
development, subsequent to the adoption of the Federal 
Constitution, of legislation directed to the regulation of 
timber inspection and of the transportation of timber pro- 
ducts on inland waters. ^ The writer at one time con- 
templated the tracing of the development of timber tres- 
pass legislation; but, after going over the field generally 
and gathering a large amount of material, he reached the 
conclusion that such a discussion could not be fittingly 
incorporated either in the book previously published or 



1. Forest Legislation in America Prior to March 4, 1789, (puhlislicd by Cornell Uni- 

versity, Ithaca. N. Y. as Agricultural Experiment Station Bulletin No. 370, 
January. 1916. 

2. The Essentials of American Timber Law. Chapters XIII and XIV. 



PREFACE VII 

in the present volume. For the period prior to 1789 the 
development of timber trespass legislation has been thor- 
oughly covered in the bulletin above mentioned. Subse- 
quent to 1789 many timber trespass laws have been en- 
acted in the original thirteen states and such laws may be 
found among the earlier enactments of every territory and 
state, with frequent modifications in many jurisdictions. 
However, these enactments have all exhibited a remark- 
able similarity, the variations consisting in unimportant 
detail rather than in principle. Practically all of these 
statutes have been directed solely to the protection of 
property interests, either public or private, and thus have 
little bearing upon the development of a state forest policy. 

The writer has sought to confine this work to a logical 
presentation of the chronological development of legisla- 
tion that was directed to the preservation of existing for- 
est resources, the reforestation of cut-over or burned over 
areas, the extension of forest areas and the systematic 
management of forests for productive purposes. In doing 
this it has seemed advisable, for the sake of completeness, 
to include references to a number of laws regarding forest 
fires, shade trees and other related subjects that were not 
really forest conservation or forest administration laws. 
The forest fire problem is so important in all forestry prac- 
tice that an attempt has been made to cite all state and 
federal acts deaUng with fires, even though their object 
was primarily or solely the protection of existing life and 
property regardless of the interest of later generations in 
the maintenance of a forest cover or of a timber supply. 
To avoid the confusion that would have resulted from an 
attempt to present the innumerable changes in minor par- 
ticulars effected by the fire laws enacted in the states and 
territories prior to the year 1885, only general comment 
has been made upon such laws. The reader who is inter- 
ested in the development in any one state, or group of 
states, can readily attain his object through a use of the 
references given. 

Subsequent to the year 1885, and more particularly sub- 
sequent to the year 1900, the multiplicity of laws in the 
various states and the bewildering rapidity with which one 



Vin FOREST LAW IN AMERICA 

innovation after another has been introduced in several 
states has rendered the work undertaken by the writer ex- 
tremely arduous and perplexing at times. Doubt as to 
whether certain detail should be included has often arisen. 
At such times the detail has been given where it was thought 
that it would probably be of interest and value to the stu- 
dent in forestry, law, or economics who desired to trace 
for himself the development of forest policy and adminis- 
tration in America. 

In many pubHcations one finds laws cited by the year 
and the chapter, in others by the year and the page of the 
session laws and in others by the date of the act only. 
Furthermore, uniformity does not exist as to the date to be 
given, some writers giving the date of the approval by the 
executive, some the date when the act is filed in the office 
of the secretary of state, others the date of pubhcation and 
still others the date upon which the act becomes effective. 
To afford a complete means of identification, the author 
has in the great majority of instances given both the date 
of the act and the chapter number, and to facilitate a ready 
finding of the law he has often given the page in the session 
laws also. He has believed the date of approval by the 
executive to be generally the most satisfactory one for 
citation purposes and for the sake of uniformity has given 
this date to each act except where this date could not be 
determined from the sources of information available to him. 

With the purpose of enabling the reader to acquire a true 
perspective as to the development of the whole subject of 
forest conservation and management in individual states, 
the author has included in the two chapters upon state 
forest administration references to important legislation 
regarding fire control and forest extension. Although this 
treatment results in some repetition, it is believed the adop- 
tion of the plan will materially assist the uninitiated and 
will cause no inconvenience to those already famihar with 
the general progress of forest legislation in America. 

J. P Kinney. 
Washington, D. C, 

September 18, 1916. 



The Development of Forest Law in America 
TABLE OF CONTENTS 



Page 
Preface V 

CHAPTER I 

FOREST ADMINISTRATION LEGISLATION ENACT- 
ED IN AMERICAN STATES PRIOR TO THE YEAR 
NINETEEN HUNDRED 

Page 

Division 1. Developments Previous to the Year 1885. . 1 
Division 2* Experimental Administrative Legislation 

Between 1885 and 1900 6 

In California 7 

Colorado 7 

OMo 8 

New York 8 

Pennsylvania 12 

Michigan 13 

Maine 14 

New Hampshire 15 

Minnesota 15 

Wisconsin 16 

Montana 17 

Utah 18 

North Dakota 18 

Oregon 18 

General Educational Provisions 19 



JX 



FOREST LAW IN AMERICA 



CHAPTER II 



LEGISLATION FOR THE PREVENTION AND CON- 
TROL OF FOREST FIRES ENACTED IN AMERICAN 

COLONIES, TERRITORIES AND STATES PRIOR TO 
THE YIJAR NINETEEN HUNDRED 

Division 1. The Development of Forest Fire Legisla- 
tion Prior to the Year 1885 20 

Division 2. Legislation Enacted Between 1885 and 

1890 28 

In 1885 28 

1886 31 

1887 31 

1888 32 

Division 3. Legislation Enacted Between 1890 and 

1900 33 

In New York 33 

Ohio 36 

Oklahoma 36 

Washington 36 

South Carolina 36 

Wyoming 37 

North Dakota 37 

Maine 37 

New Hampshire 38 

New Jersey 38 

Oregon 39 

South Dakota 40 

Wisconsin 40 

Minnesota 42 

Pennsylvania 43 

Massachusetts 44 

Michigan 45 

Florida 45 

Nebraska 46 

Colorado 46 

Kansas 46 



TABLE OF CONTENTS XI 



CHAPTER III 



FOREST ADMINISTRATION LEGISLATION ENACT- 
ED IN AMERICAN STATES DURING THE FIRST 
SIXTEEN YEARS OF THE TWENTIETH CENTURY 

Introduction 47 

In Alabama 48 

Arizona 48 

Arkansas 49 

California 49 

Colorado 49 

Connecticut 50 

Delaware 51 

Florida 52 

Georgia 52 

Idaho 52 

Illinois 53 

Indiana 54 

Iowa 55 

Kansas 55 

Kentucky 56 

Louisiana 57 

Maine 59 

Maryland 60 

Massachusetts 61 

Michigan 64 

Minnesota 66 

Mississippi 69 

Missouri 69 

Montana 69 

Nebraska 70 

Nevada 71 

New Hampshire 71 

New Jersey 74 

New Mexico 76 

New York 76 

North Carolina 87 

North Dakota 88 



XII FOREST LAW IN AMERICA 



Ohio 89 

Oklahoma 90 

Oregon 90 

Pennsylvania 92 

Rhode Island 94 

South Carolina 95 

South Dakota 95 

Tennessee 95 

Texas 97 

Utah 97 

Vermont. 97 

Virginia 99 

Washington 101 

West Virginia 103 

Wisconsin 103 

Wyoming 108 

CHAPTER IV 

LEGISLATION FOR THE PREVENTION AND CON- 
TROL OF FOREST FIRES ENACTED IN AMERICAN 
STATES DURING THE FIRST SIXTEEN YEARS OF 
THE TWENTIETH CENTURY 

In Alabama 109 

Arizona 109 

Arkansas 109 

Cahfornia 110 

Colorado Ill 

Connecticut 112 

Delaware 114 

Florida 115 

Georgia. 115 

Idaho 115 

Illinois 117 

Indiana 117 

Iowa 118 

Kansas 118 

Kentucky 118 



TABLE OF CONTENTS XIII 

Louisiana 1 19 

Maine 120 

Maryland 122 

Massachusetts 124 

Michigan 127 

Minnesota 129 

Mississippi 133 

Missouri 133 

Montana 133 

Nebraska 134 

Nevada 134 

New Hampshire 135 

New Jersey 138 

New Mexico 143 

New York 143 

North Carolina 152 

North Dakota 153 

Ohio 153 

Oklahoma 154 

Oregon 154 

Pennsylvania 156 

Rhode Island 159 

South Carohna 161 

South Dakota 161 

Tennessee 161 

Texas 163 

Utah 164 

Vermont 164 

Virginia 166 

Washington 167 

West Virginia 172 

Wisconsin 174 

Wyoming 178 



XIV FOREST LAW IN AMERICA 



CHAPTER V 



stXte and federal legislative encour- 
agement TO THE PRESERVATION AND EXTEN- 
SION OF PRIVATE AND MUNICIPAL FORESTS 
PRIOR TO JANUARY FIRST NINETEEN HUN- 
DRED SEVENTEEN 

Introduction 179 

Division 1. Tax Exemptions and Bounties by States 
Directed to the Establishment of For- 
est Areas in Localities Naturally De- 
void of Forests 182 

In Minnesota 182,185,188 

Kansas 183,190 

Wisconsin 183 

Iowa 184 

Dakota Territory 184,189 

Nebraska 185,188 

Missouri 185 

Nevada 186 

Illinois 186 

Idaho 187 

Washington 187 

Wyoming 187,190 

Colorado 188 

New Mexico 189 

Utah Territory 190 

South Dakota 191 

North Dakota 191 

Division 2. Federal Encouragement to Tree Plant- 
ing in the Western States Prior to 

1917 192 

Division 3. State Legislative Encouragement to the 
Preservation or Establishment of Pri- 
vate Forests in Natural Timber Re- 
gions Prior to 1910 195 

In Maine 195 



TABLE OF CONTENTS XV 

Connecticut 195 

Massachusetts 196 

Rhode Island 196 

Pennsylvania 197 

Indiana 198 

New Hampshire 198 

Vermont 198 

Iowa 199 

Wisconsin 200 

Alabama 200 

Louisiana 201 

Division 4. Forest Taxation Laws Involving New 
Principles Enacted in American States 

from 1910 to 1917 201 

In Michigan 201 

New York 202 

Vermont 203 

Connecticut 205 

Pennsylvam'a 206 

Massachusetts 207 

Division 5. Provisions For the Estabhshment and 
Maintenance of Forests by Cities, 
Towns and Other Municipalities En- 
acted prior to 1917 209 

In Massachusetts 209 

New Jersey 211 

Pennsylvania 211 

Wisconsin 212 

New York 212 

Indiana 213 

New Hampshire 213 

Minnesota 213 

Vermont 214 



XVI FOREST LAW IN AMERICA 



CHAPTER VI. 



A SUMMARY OF THE PROGRESS OF FOREST 
LEGISLATION IN AMERICAN STATES -TO THE 
CLOSE OF THE YEAR NINETEEN HUNDRED 

SIXTEEN 

Introduction 216 

Division 1. Systems of Administration in 1916. . . . 217 
Supervision by a Board of Forestry. 217 
Supervision by an Agricultural 

Board, 217 

Supervision by Other Boards, 217 

A Single executive, 218 

Technical Representatives upon 

Board 218 

A State Forester 218 

Division 2. State Forests 219 

Management 219 

Acquisition through Gift 219 

Acquisition by Purchase 219 

Estabhshment by Reservation 219 

Nurseries, Demonstration Forests 

and Parks 220 

Preservation of Trees as Water 

conservators 220 

Division 3. State Assistance to Individuals and Cor- 
porations in Forest Extension and 

Conservation 220 

Legislative encouragement to Private 

Forestry 220 

Legislative Encouragement to Mu- 
nicipal Forestry 221 

Distribution of Forest Trees for Pri- 
vate and Municipal Planting. ... 221 
Cooperation by the States in Fores- 
try Activities 222 

Division 4. Restrictions Directed to the Prevention 



FOREST LAW IX AMERICA XVII 

of Forest Fires 222 

Closed Season for the Setting of 

Fires in the Open 222 

Recent Laws Authorize Burning 

under Permits 223 

The Extinguishment of Camp Fires . 224 
The Suspension of the Hunting Sea- 
son 224 

The Clearing of a Space for a Fire. . 224 
The Setting of Fires by Gun- wads, 

Matches, or Burning Tobacco 225 

General Provisions for the Preven- 
tion of Forest Fires 225 

Division 5. Provisions for the Disposal of Logging 

Debris 226 

The Disposal of Slash in Cutting 

Operations 226 

The Disposal of Slash along High- 
ways, Railroads, etc 227 

The Treatment of Slash as a Nuis- 
ance 227 

Division 6. Legislation Regarding the Operation of 

Railroads and Stationary Engines 227 
Development of Such Legislation. . . 227 
Spark Arresters on Smoke-stacks . . . 228 
De\dces on Fire-boxes and Ashpans . 229 
Inspection and Rejection of Loco- 
motives and Boilers 229 

The Deposition of Live Coals and 

Ashes 229 

The Clearing of Inflammable Ma- 
terial from Rights of way 230 

The Construction of Firebreaks Ad- 
jacent to Rights of Way 230 

The Patrol of Rights of Way 231 

Division 7. Systems of Forest Fire Control 231 

Direction of Control by the State . . 231 
Local Control with General State 

Supervision 232 

Local Control without State Super- 232 



XVIII FOREST LAW IN AMERICA 

vision General Provisions as to Con- 
trol 232 

Division 8. Liability for Fire Damage and Penalties 

for Violation of Forest Laws 233 

Civil Liability for Fire Damage .... 233 
Criminal Liability for Forest Fires . . 234 
Penalties for the Violation of Vari- 
ous Forest Laws 235 



CHAPTER VII 

FEDERAL LEGISLATION FOR THE PROTECTION 
AND ADMINISTRATION OF FORESTS BELONG- 
ING TO THE UNITED STATES ENACTED PRIOR 
TO JANUARY FIRST NINETEEN HUNDRED SEV- 
ENTEEN 

Division 1. Legislation Directed to the Maintenance 
of a Supply of Timber for Naval Pur- 
poses 236 

Division 2. Federal Legislative Developments Be- 
tween 1875 and 1900 242 

Division 3. Federal Forest Legislation During the 
First Sixteen Years of the Twentieth 
Century 247 

Index 



Errata 

On p. 2, line 1, ior Mass fead Massa- 

On p. 6, line 14, for interest read interests 

On p. 25, line 22. for e- read ex- 

On p. 37, line 11, for right read rights 

On p. 48, footnote 2, for -^55^ read ^/di^ 

On p. 54, line 21^ for indication read either 

On p. 89, line 22, for extended read expended 

On p. 110, line 17, /or negligently permitting read //;c- negligent pcrmittiui 

of 
On p. 118, line 5, for right read ny/i/.? 
On p. 121, line 2, cancel "to" 
On p. 121, footnote 1 is upon p. 122 

On p. 123, line 22, for, av.d to require read to require the 
On p. 123, line 23, for to have authority read free of liability 
On p. 174, line 8, for 19 read 1901 
On p. 187, line 7, for t read to 
On p. 220, line 20, for enactment read promotion 
On p. 233, last line, for dinagcj read damages 
On p. 241, line 26, for simlar read similar 
On p. 251, line 18, for dis read dis- 
On p. 251, line 19, lor fro read /ro»i 



CHAPTER I 

Forest Administration Legislation Enacted in 
American States Prior to the Year Nineteen 

Hundred 

DEVELOPMENTS PREVIOUS TO THE YEAR 1885 

From the earliest colonial times tbere were always indi- 
viduals in America who urged the necessity of encourag- 
ing the maintenance of a forested area sufficient to supply 
future timber needs; and, although the great majority of 
the people were too deeply engaged in the task of acquir- 
ing a hving and developing a new continent to give serious 
consideration to the formulation of a forest pohcy, the 
colonial legislatures enacted many laws against the destruc- 
tion of forests by fire that disclosed a dim realization of 
the loss to the state, as well as to the individual, involved 
in the reckless indifference of many as to the common 
practice of setting open fires or allowing them to escape 
from control. ^ In fact, the first ordinance regarding the 
firing of the woods in Plymouth Colony in Massachusetts 
recited as a justification for the law that an inconvenience 
might result from a depletion of the timber supply. A 
Massachusetts act of January 15, 1743 specifically recog- 
nized the damage caused by fire to young tree growth and 
to the soil, and a North Carohna act of 1777, imposing 
penalties for the unlawful firing of the woods, declared 
forest fires "extremely prejudicial to the soil." 

Early in the seventeenth century, laws were enacted for- 
bidding the waste of timber on common lands by unneces- 
sary or indiscreet cutting, and in the month following that 
in which peace was concluded between Great Britain and 

1. For a discussion of Colonial laws see Forest Legislation in America Prior to March 
4, 1789, Kinnpy (Bulletin 370, Agr. Exp. Sta., Cornell University, 1916.). 



Z FOREST LAW IN AMERICA 

the United States of America the General Court of Mass 
chusetts forbade the cutting or destroying of white pine 
trees twenty-four inches or upward in diameter one foot 
from the gi'ound on any lands of the State wdthout pre- 
vious hcense from the legislature, under penalty of thirty 
pounds for each offense. However, the first century fol- 
lowing the estabhshment of a national government witnessed 
the passing of the title to the greater portion of the pubUc 
lands of American States into private possession. 

Occasionally associations of persons interested primarily in 
other objects, like the New York Society for the Promo- 
tion of Agriculture, Arts and Manufactures, by its action 
in 1791, sought to awaken a general public interest in the 
need of conserving the forests of America. Although it is 
impossible to trace the connection between such private 
activities and specific legislative acts, these efforts doubt- 
less had an important effect in shaping public opinion. 

A Massachusetts act of 1818 ^ authorized agricultural 
societies of the state to offer premiums to encourage the 
growing of oaks and other trees necessary to the mainte- 
nance of a supply of ship building material, and another 
act of the same year imposed a fine and imprisonment for 
the offense of cutting from pubhc lands of the state any 
white pine tree twenty-four inches or over in diameter at 
two feet from the ground. ^ A New York act of April 9, 
1805, ^ fixing treble damages for the cutting of timber from 
state lands, having proven ineffectual to prevent trespasses, 
an act of 1826 '^ imposed a penalty of twenty-five dollars 
for each tree cut in trespass upon lands owned by the state. 
Acts imposing penalties for the cutting of timber, or the 
setting of fires upon public lands, were subsequently en- 
acted in many states. Many of these acts had special refer- 
ence to lands which were held by the states for the benefit 
of pubhc schools. ^ 



1. Acts and Resolves, Mass., 1818, p. 114. Sec. 5. 

2. Act Feb. 23, 1818, Gen. Laws, Mass., Boston. 182.3. Vol. 2 p. 446. 

3. Session Laws, N. Y., 180.5. ch. 94; Laws of N. Y., Web. & Sk.. Vol. 4. p. 247. 

4. Session Laws, N. Y., 1826, ch. 187. p. 209: of. Session Laws 1889, ch. 256, p 305. 

5. Ark. Digest of Laws. 1846. p. 344 (school). 
Fla. Act Mar. 6. 1877. ch. 3020 (all state lands). 
111. Act Fob. 9. 1835. S. L.. p. .34 (all state lands.). 
Ind. Rev. Laws 1831. p. 187, sec. 34 (all state lands). 

(Footnote 5 continued on next page) 



ADMINISTRATION PRIOR TO 1885 6 

On November 24, 1827 ^ the Congress of that portion 
of the Mexican Confederacy that included the present 
State of Texas, in decreeing that, for a term of three years, 
six designated towns might cut timber along the Sabine 
River without the payment of a certain tax, specified that 
the cutting be done during the proper season for the plant- 
ing of trees, and required that anyone who should in such 
cutting, negligently cause a fire, must pay the damage and 
plant trees upon the area burned over. All cutting was to 
be done under a permit and necessary restrictions. 

An ordinance of January 9, 1851 ^ by the general assembly 
of the newly formed "State of Deseret" (the Mormon 
settlement later called Utah) , granting to George A. Smith 
the exclusive control of the timber in the canons on the 
east side of the mountains west of the Jordan River in Great 
Salt Lake County, required that any person obtaining tim- 
ber there, with the permission of the proprietor, should 
contribute to the [cost of the private roads leading to the 
timber, and imposed a penalty of one hundred dollars in 
addition to the liabihty for all damage upon anyone who 
should waste, burn or otherwise destroy timber there. 
Timber left lying an unreasonable time after cutting might 
be removed by the proprietor and disposed of for the benefit 
of the pubhc treasury. 

A Wisconsin act of March 23, 1867 ^ authorized the state 
agricultural and horticultural societies each to appoint 
a person, and these persons a third one, who were to make 
investigations and report to the next session of the legis- 
lature whether the forests of the state were being destroyed 
as rapidly as had been claimed, what effect the destruction 
of forests had upon climate, whether the state should at- 
tempt to control the management of private forests, whether 
any convenient substitute for wood might be found in the 



(Footnote 5 concluded from preceding page) 
Kan. Act Jime 4, 1861, Comp. Laws 1862, p. 895 (school.). 

La. Rev. Laws (N. O. 1856) Pliillips p. 139 sec. 35 (All state lands) 

Mich. Rev. Statutes, 1846, p. 246, sec. 61 (all state lands.). Act Feb. 12, 1857, 

S. L.. p. 211 (Comp. L. 1857, Sec. .5927-36). (All.). 
Mo. Gen. Statutes 1865, ch. 49, sec. 30. p. 286 (school). 

Nev. Act Mar. 3, 1871, S. L., p. 113 (All state lands.). 

S, Dak, Act Mar. 1, 1890, ch. 140, p. 308 (All state lands.). 
Wis. Act Dec. 9, 1836, Laws 1st Terr. Ass., p. 95 (school.). 

1. Laws and Decrees of State of Coahuila and Texas, Houston, 1839, No. 36, p. 92. 

2. Acts of Utah Territory, 1851 to 1870, ch. 113, p. 174. 

3. Session, Laws, Wis., 1867. ch. 36, p. 37. 



4 FOREST LAW IX AMERICA 

state, and what efforts the state should take to preserve 
the forests and encourage the extension of forest areas. 
Following the report of this committee, the legislature 
passed the act of March 4, 1868 ^ providing a tax exemp- 
tion and bounties for the preservation or the planting of 
belts of trees. 

In January 1869, the State Board of Agriculture of Maine 
appointed a committee to present to the legislature the 
necessity of the preservation and production of forest trees. 
The act of February 29, 1872, - pro\ading exemption of 
forest plantations from taxation, embodied one of the 
recommendations of this committee. 

One of the most effective means of arousing an interest 
in the value of trees was first used in Nebraska in 1872. 
This means was the designation of a certain day as Arbor 
Day, upon which the inhabitants of the state were urged 
to plant trees. The idea of urging the general public to 
plant and care for trees found ready acceptance, not only 
in the plain and prairie states, but also in the states once 
heavily forested, and within twenty years Arbor Day had 
been officially recognized in a score of other states. Sub- 
sequent to 1892 legislative pro\'ision for the observance 
of one day in the year as especially appropriate for the 
planting of trees was made in a number of other states. ^ 



1. Session Laws, Wis., 1S68, cJi. 102; same Rev. St. 1S78. Sec. 1469-71. 

2 Session Laws, Me., 1872 ch. 66, p. 41. 

3. Ariz. Rev. Stat. 1901. Par. 310-313. Par. 2709; Rev. Stat. 1913, sec. 2837-40. 

Ark. Act Apr. 25, 1905, S. L. No. 209. 

Calif. Act Mar. 3. 1909. S. L. ch. 82. 

Colo. Act Mar. 22, 1889, S. L. p. 21; Rev. Stat. 1908, Sec. 2942-44. 

Conn. Act Mav 31, 1886, S. L. ch. 90 sec. 1; Gen. Stat. 1902, sec. 4438-50. 

Del. Act Mar. 9, 1901, S. L. ch. 216, sec. 8. 

Fla. 

Ga. Act Dec. 16, 1890, S. L. No. 60. p. 219: Code 1910, sec. 1.526-27. 

Ida. Act Feb. 1, 1887, S. L. p. ; Rev. Stat. 1887, sec. 1299; Act Mar. 10 

1903, S. L. p. 215; act Jilar. 7. 1911, S. L. ch. 159, sec. 188. (School code.) 

111. Act June 10, 1887, S. L, p. 304. 

Ind. Act Mar. 9, 1903, S. L. ch. 116, p. 214; act Apr. 30, 1913. S. L. p. 422; 

Annot. St. 1914, sec. 7461a-7461c. 

La. Act .July 4, 1904, S. L. p. 250; act July 7, 1910, S. L. No. 261. sec. 16. 

Me. Act Mar. 10, 1887, S. L. ch. 79. p. 61. 

Md. Session Laws 1900, ch. 428, soc. 17 b: S. L. 1901 ch. 202; Act 

Apr. 8, 1902, S. L. ch. 194; Act Apr. 12. 1904, S. L. ch. 584, sec. 17 B. 

Mass. Resolve Apr. 9, 1886, ch. 32. p. 370. 

Mich. Joint Res. No. 6; Mar. 26, 1885, S. L. p. 378. 

Minn. Act Mar. 3, 1899, S. L. ch. 36. 

Miss. Code of 1892, sec. 3970; code 1906, sec. 4491. 

Mo. Act May 6, 1889, S. L. p. 260. 

Mont. Act Sept. 13, 1887, S. L. p. 103; act Mar. 11, 1895, Codes & Stat. 
1895, p. 171. 

Neb. Comp. St. 1885, p. 389, Sec. 8; Comp. Stat. 1911 (Br. & Wh.) sec. 3S55a 

(195). Rev. St. 1913, Sec. 5512. 

Nov. Act Feb. 10, 1887, S. L. p. 51 ; Rev. Laws 1912. sec. 3349-50. 

N. H. Joint Res. July 10, 1885. S. L. ch. 103, p. 297. 
(Footnote 3 continued on next page) 



ADMINISTRATION PRIOR TO 1885 5 

The first association for the sole purpose of promoting 
the planting of forest trees and the general practice of for- 
estry was formed in Minnesota on January 12, 1876, and 
called the Minnesota Forestry Association. This associa- 
tion received legislative recognition in the appropriation 
of money for expenditure under its direction in the form 
of bounties for tree planting. ^ 

The first constitution of Colorado, adopted March 14, 
1876 provided in section six, of article eighteen, that the 
general assembly should enact laws to prevent the destruc- 
tion of and keep in good preservation the forests upon the 
lands of the state and upon such part of the pubhc domain 
as Congress should place under the control of the state, and 
section seven of the same article authorized the legislature 
to exempt from taxation the increased value given to lands 
by the planting of trees thereon. In accordance with the 
latter provision an act of 1881 - granted an exemption for 
trees planted on irrigated lands, but although Colorado 
was the first state to incorporate in its constitution a pro- 
vision that specifically authorized a definite state forest 
poHcy, no legislation of this character was enacted for a 
decade and then nothing effective. 

By act of May 23, 1872 ^ the legislature of the State 
of New York appointed a commission of seven persons to 
inquire into the advisability of the estabhshment of a state 



(Footnote 3 concluded from preceding page) 
N. J. Act Apr. 14, 1884, S. L. ch. 109, p. 173: Joint Res. Apr. 8, 1908, No. 

6, p. 729; Act Apr. 13, 1908, S. L. cli. 187, p. 378; Act Mar. 21, 1912, 
S. L. cii. 120, p. 169. 
N. M. Act Feb. 16, 1891, S. L. ch. 35, p. 82. 
N. Y. Act Apr. 30, 1888, S. L. ch. 196, p. 267. 
N. C. Joint Resolution Mar. 6, 1893, S. L. p. 495. 

N. D. Cf. Act Feb. 15, 1909, Ch. 201, p. 297, (Same comp. L. 1913, sec. 1204 ) 
Ohio Joint Res. Apr. 11, 1882, 8. L. p. 243; Act Mar. 5, 1902, S. L. p. 38. 

Okla. Act Mar. 5, 1901, S. L. ch. 5, p. 62. 

Ore. Act Feb. 25, 1889. S. L. p. 110: Lord's Laws 1910, sec. 4135-36. 

Pa. J. Res. Mar. 17, 1885, S. L. p. 300; J. Res. Mar. 30, 1887, S. L. p. 431. 

R. I. Act May 6, 1887, S. L. ch. 641, p. 153; S. L. 1900-01. ch. 809, sec. 36. 

S. C. Act Feb. 16. 1898, S. L. ch. 471, p. 760. 

S. D. 

Tenn. Act Mar. 23. 1887, cliap. 172, p. 297; Shannon Code 1896, sec. 1416. 
Tex. Act Feb. 22, 1889, S. L. ch. 68, p. 78; Rev. Civ. St. 1911, sec. 4607. 

Utah Act Mar. 5, 1892, S. L. ch. 26, p. 26; Act Feb. 5, 1909, Comp. L. 1907, 

sec. 1146. 
Va. Act Apr. 2, 1902, S. L. ch. 637, p. 753, code 1904, Vol. 1, sec. 222b. 

"Wis. Act Apr. 16, 1889, S. L. ch. 417. p. 591; act Mar. 17. 1897. S. L. ch. 61, 

p. 87. 
Wyo. Act Mar. 9, 1888, S. L. ch. 87, p. 183; comp. Stat. 1910, sec. 3582. 

1. Act Mar. 2, 1876, S. L., Minn., ch. 110, p. 120. 

2. Act Feb. 12, 1881, S. L., Colo., p. 250. cf. Act Feb. 27, 1877, S. L. Colo., p. 99. 

sees. 49 and 50 (Board of Agriculture to gather information as to forest culture) 

3. Session Laws, N. Y., 1872, ch. 848, Vol. 2, p. 2006. 



6 FOREST LAW IN A:\IERICA 

park -wdthin seven specified counties lying north of the 
Mohawk River, and within the forested region of the 
Adirondack Mountains. After an investigation this com- 
mission recommended that the state make no further sales 
of land, and that it retain all lands which should come into 
its possession because of the non-payment of taxes ^ It 
w^as not until 1883 ^ that a law w^as enacted forbidding 
further sales of state land as the commission had urged 
in 1873. However, within the decade, through the acqui- 
sition of lands under tax sales, the state increased its hold- 
ings from forty thousand acres to over five hundred thou- 
sand acres. 

By joint resolution of July 29, 1881 ^ a commission 
for inquiry regarding the forest interest of the state was 
created in Vermont. A report by this Commission was 
published in 1884, but it w^as followed by no action on the 
part of the legislature. 

On July 29, 1881 ^ also the legislature of New Hampshire 
by joint resolution authorized the appointment of a com- 
mission to determine the extent to which the forests of the 
state were being destroyed by indiscriminate cutting and 
exportation; to investigate the effect, if any, of the destruc- 
tion of forests upon rainfall, and to report as to the neces- 
sity of forest legislation in New Hampshire. A joint reso- 
lution of September 15, 1883 ^ extended the term of this 
commission until 1885, but no forest legislation resulted. 

EXPERIMENTAL ADMINISTRATIVE LEGISLATION. 
BETWEEN 1885 AND 1900 

In 1875 a notice had been issued for a national forestry 
convention, to meet at Chicago, Ilhnois, and the following 
year at a meeting in Philadelphia an organization was com- 
pleted. Thus the Centennial of American Independence 
marked the beginning of a national movement for the 
conservation of American forest resources. No effective 



1. Senate Doc. N. Y. No. 102, 1873. 

2. Session Laws, N. Y., 1883, ch. 13, p. 10 (cf. ch. 470, p. 645, state as tenant in 

common.) 

3. Session Laws, Vt., 1881, p. 518. 

4. Session Laws, N. H., 1881, ch. 117. 

5. Session Laws, N. H., 1883, chi. 161. 



ADMINISTRATION BETWEEN 18S5 AND 1900 7 

progress was made until the cooperation of those interested 
in this association with others attending an American 
Forestry Congress held at Cincinnati in 1882 resulted in 
the formation of an organization that ultimately took the 
name, "The American Forestry Association." This asso- 
ciation, cooperating with, the division of forestry in the 
national department of agriculture that took form contem- 
poraneously with it, secured legislative action by four widely 
separated states in 1885, and during the remaining fifteen 
years of the nineteenth century succeeded in creating a 
pubhc sentiment that found expression not only in more 
effective laws for the prevention and control of forest fires 
but in several enactments that aimed at a definite policy 
of state administration of publicly owned forests. 

California. By an act of March 3, 1885 ^ California 
earned the distinction of being the first state of the American 
Union to establish a permanent Board of Forestry. How- 
ever, this non-salaried board was clothed with no adminis- 
trative authority over either public or private forests, 
and was charged only with responsibihty for educational 
and experimental activities. By an act of March 7, 1887 ^ 
all members of this board, and assistants employed by them, 
were given the powers of arres^t appertaining to peace 
officers. Appropriations for the work of the board were 
continued until the board was aboHshed by an act of March 
22, 1893, ^ and the duty of maintaining the experiment 
station which the board had estabhshed was devolved upon 
the Agricultmral Department of the University of Cah- 
fomia. 

Colorado. A Colorado act of April 4, 1885 ^ created a 
state office of forest commissioner, and made county com- 
missioners and road overseers forest officers who should 
guard against fire and depredations, and encourage timber 
culture. These officers were given authority to arrest offend- 
ers against laws for the protection of forests. As no pro- 



1. Session Laws of Calif., 18S5, ch. 11, p. 10. 

2. Session Laws of Calif., 1887, ch. 3.5, p. 46. 

3. Session Laws of Calif., 1893, ch. 1S7, p. 229. 

4. Session Laws, Colo., 1885, p. 299; of. act Apr. 4, 1887, S. L. p. 412, providing for a 

smaU state park. 



O FOREST LAW IN AMERICA 

vision was made for the compensation of the forest com- 
missioner for his services, and the annual expenditm'e in 
each county for the protection of the forests was hmited 
to one hundred dollars, no effective organization was es- 
tabhshed. 

By an act of April 16, 1897 ^ a department of forestry, 
fish and game was estabhshed. This act provided salaries 
for a commissioner and three tree wardens charged with 
the duty of administering state forest lands, of guarding 
against fire, and of encouraging the culture of forests. Sec- 
tions eleven and twelve of this act contained new legisla- 
tive provisions regarding the setting of fires, and section 
thirteen forbade the exportation from the state of the tim- 
ber of coniferous trees cut from state or public lands. 

Ohio. On April 16, 1885 - the legislature of Ohio es- 
tabhshed a forestiy bureau which was to gather informa- 
tion in regard to forest conditions within the state and 
recommend legislation that would effect a conservation of 
the forests. Although tliis bureau doubtless had an impor- 
tant educational influence, no real forest pohcy for the 
state was evolved. 

New York. A committee of experts appointed by the 
comptroller of New York in 1884 to investigate and report 
upon a system of forest preservation suitable for adoption 
by the state submitted its report and recommendations on 
January 23, 1885 and, by an act of May 15, 1885, ^ the 
legislature attempted to estabhsh permament forest re- 
serves (in the form of parks), to provide a state system of 
administration of forest fii'e protection, and to encourage the 
practice of forestry on private lands. This law pro\dded for a 
permanent forest commission of three members, a state war- 
den, state inspectors and other necessary agents; created a 
forest preserve to consist of all lands then owned or thereafter 
to be acquired by the state in eleven counties in the Adiron- 
dack region ^ and three counties in the Catskill Mountains, ^ 
and declared that the lands comprising the preserve should 



1. Session Laws, Colo., 1S97, p. 36. 

2. Spssion Laws, Ohio, 1SS.5, Vol. 82, p. 135. 

3. Sossion Laws. N. Y., 1.SS.5, eh. 283, p. 482. 

4 Clinton, Kssox, Franklin, Fulton, Hamilton, Herkimer, Lewis, Saratoga, St. Law- 
ronce, Warren and Wasiiiugton, except towns of Allona & Dannomora in Clin- 
ton C^^ounty. 

5. Greene, Ulster, and Sullivan. 



ADMINISTRATION BETWEEN 1885 AND 1900 9 

be forever kept as wild forest lands in the full control of the 
state and not be sold, leased or taken by public or pri- 
vate corporations. The commission was not only charged 
with responsibihty for the proper care and administration 
of lands within the preserve, but was also required to ad- 
vance the interests of forest preservation and extension 
throughout the state, and was especially charged with the 
duty of forest fire prevention and control. The state officials 
were given the power to arrest without warrant persons 
violating the provisions of the act. Town supervisors were 
constituted fire wardens in towns outside the preserve, 
subject to the instructions of the state commission. Any 
resident was subject to a call by the proper town or state 
official to assist in the extinguishment of forest fires, and 
subject to a fine for noncompliance. Annual reports to the 
legislature of all fires covering more than one acre were re- 
quired. Railroad companies were required to clear rights 
of way of inflammable material in forest or other lands 
particularly subject to fire, to equip locomotives with proper 
appliances for the prevention of fires, and to employ pa- 
trolmen in dangerous periods. This act also imposed 
heavy penalties and civil habiUty for all damages upon any 
person who should wilfully or neghgently set a fire upon 
the lands of another or of the state, or allow a fire to escape 
from liis own land to the damage of another or of the state. 
This act, carrying an appropriation of fifteen thousand 
dollars for the expenses of the first year, was the first com- 
prehensive forest administration act in America. 

An act of May 5, 1886 ^ provided for the taxation of 
all state lands within the forest preserve on the same basis 
as private lands within the boundaries thereof. The act 
of May 15, 1885 was amended by an act of May 26, 1887, ^ 
so as to authorize the sale of outlying tracts or their ex- 
change for tracts contiguous to large blocks held by the 
state. An act of June 21, 1887, ^ extended the preserve 
to include lands owned by the state within Oneida Countj'^. 
In 1890 minor amendments were made by two acts. ^ 



1. Session Laws N. Y., 1886, ch. 280, p. 459. 

2. Session Laws N. Y., 1887, ch. 475, p. 600. 

3. Session Laws N. Y., 1887. cli. 639, p. 849. 

4. Session Laws N. Y., 1890, ch. 8, p. 18, and ch. 11, p. 20. 



10 FOREST LAW IN AMERICA 

On May 20, 1892 ^ a large area within the Adirondack 
region was designated by the New York legislature as 
"Adirondack Park," to be maintained as a health and 
pleasure resort, as a forest necessary for the preservation 
of the headwaters of the chief rivers of the state, and for a 
future timber supply. This act authorized the forest com- 
missioners to purchase land within the area delimited as 
the park, subject to a reservation for a period of ten years 
of conifers over ten inches in diameter at three feet from 
the ground. The commissioners were authorized to sell 
detached tracts within the preserve, but outside the park, 
and use the proceeds for the purchase of lands within the 
boundaries of the park. Leases of not over five acres for 
not over five years were permitted within the park, and the 
park was declared a part of the forest preserve for all gen- 
eral purposes. 

The following year a new forest act was passed. ^ This 
law reenacted most of the provisions of the previously 
existing law regarding the forest preserve and the Adiron- 
dack Park, but contained one important change in that it 
authorized the forest commissioners to sell spruce and 
tamarack not less than twelve inches in diameter at three 
feet from the ground, and poplar of such size as the com- 
missioners might determine, and devote the proceeds to 
the purchase of land within the park. 

Section seven of article seven of the New York State 
Constitution adopted in 1894 provided that all lands within 
the forest preserve should be forever kept as wild lands, and 
declared that they should not be leased, sold, exchanged or 
taken by a public or private corporation, nor should the 
timber thereon be sold, removed or destroyed. ^ 



1. Session Laws N. Y., 1892, ch. 707, p. 1459. 

2. Act April 7, 1893. N. Y., S. L., Ch. 3.32. p. 633. 

3. Saranac Land Etc. Co. v. Roberts, 19.5 N. Y. 303. 88 N. E., 753 (Affm'g 125 N. Y. 

App. Div. 333, 109 N. Y. Supp). 547). Preserve does not include lands claimed 

V>v state under void tax sale. 
People V. Fisher, 190 N. Y. 468. S3 N. E. 482 (Affm'g 116 N. Y. App. Div. 677, X . Y. 

Suppl. 1047). State lands within limits of preserve part of it, though not acquired 

chiefly for preserve purposes. 
People v. Brooklyn Cooperage Co.. 187 N. Y. 142, 79 N. E. 866. (Affm'g 114 N. Y. 

App. Div. 7-2:i. KKi X. Y. Suppl. 19). Purchase of lands by Cornell University 

for demonstrutioii forest not unconstitutional. 
Meigs V. Roberts, 162 X. Y. 371, 56 X. E. 838. 76 Am. St. Rep. 322 (Revs'g 42 

X. Y. App. Div. 290, 59 N. Y. Suppl. 215). Forest Commissioners control only 

state lands. 
People V. Adirondack Ry. Co., 160 N. Y. 225 (Land not to be taken by railroad). 
(Footnote 3 continued on next page) 



ADMINISTRATION BETWEEN 1885 AND 1900 11 

In 1895 ^ New York again found it necessary to revise 
its forest legislation. The new act provided for a commis- 
sion of fisheries, game and forests, consisting of five mem- 
bers, all with a salary of one thousand dollars per annum 
except the president, who received five thousand dollars, 
and authorized the employment of a forester at two thou- 
sand dollars and two assistants at twelve hundred dollars 
each. It repealed the fundamental forest act of 1885 and 
numerous amendments, and authorized the state forest 
commission to contract with private owners of land within 
the boundaries of the Adirondack park to make their hold- 
ings a part of the park, exempt from taxation for state and 
county purposes, provided the owners agreed to remove 
no live timber except spruce, tamarack or poplar over 
twelve inches at three feet from the ground, and not to 
clear more than one acre of each one hundred covered by 
the contract. An effort of the same legislature to secure 
an amendment of the state constitution so as to authorize 
the leasing of land within the preserve in areas of not over 
five acres and the sale of outlying tracts, or the exchanging 
of them, for lands within the forest preserve at the will of 
the legislature, was unsuccessful. ^ 

The acquisition of forest lands by the State of New York 
did not progress as rapidly as many desired, and an act of 
April 8, 1897, ^ required the governor to appoint three 
men from the land commission and fislieries, game and 
forest commission as a forest preserve board, whose duty 
it should be to acquire by purchase or condemnation, 
lands within the Adirondack park boundary which they 



(Footnote 3 concluded from preceding page) 
People V. Gaylord, 139 N. Y. App. Div. 814, 124 N. Y. Suppl. 517. Timber within 

reserve subject to larceny. 
People V. Long Island R. Co., 126 N. Y. App. Div. 477. 110 N. Y. Suppl. 512. 

Forest officers mav prosecute offenders. 
People V. Santa Clara Lbr. Co., 126 N. Y. App. Div. 616. 110 N. Y. Suppl. 280. 

Revers'g 55 Misc. (N. Y.) 507, 106 N. Y. Suppl. 624. Forest officials have right 

of action concurrent with Attorney General. 
Pashley v. Bennett. 108 N. Y. App. Div. 102, 95 N. Y. Suppl. 384. Forester may 

not sell timber seized. 
People V. Campbell, 152 N. Y. 51, 46 N. E. 176. (Revs'g 82 Hun 338. 31 N. Y. 

Suppl. 499.) Forest commission may bring action to review decision of control- 
ler. 
People V. Francisco. 76 N. Y. App. Div. 262, 78 N. Y. Suppl. 423. Forest officials 

may act independently of Att'y Gen'l. in protecting forest. 
See Laws of 1907, Ch. 578, p. 1296, appropriating $476 for George Pashley as reim- 
bursement for maintaining action to enforce title to timber purchased from the state. 

1. Act April 25, 1895, S. L., ch. 395, p. 237; cf. Laws 1896, ch. 114. 

2. See Session Laws N. Y., 1895, Vol. 1, p. 1010. 

3. Session Laws of N. Y.. 1897, ch. 220, p. 93. Cf. Act Apr. 15, 1897. ch. 259, p. 121. 

(Authorized the acquisition of certain lands in Ulster County for state preserves.) 



12 FOREST LAW IN AMERICA 

deemed essential to the carrying out of the poHcy of the 
state as expressed in its constitution and chapter 395 of 
the laws of 1895. This act permitted an owner of land which 
was appropriated to reserve the spruce timber that was ten 
inches or more in diameter at three feet from the ground, 
and an owner from whom land was purchased to reserve 
such spruce as should be agreed upon, with a right of re- 
moval for a period of fifteen years, under either a condemna- 
tion or a purchase. However, no area could be cut over 
more than once and the spruce could not be reserved for a 
distance of twenty rods from any lake, pond or river. The 
act imposed a penalty of treble damages and also a for- 
feit of twenty-five dollars for each tree that should be cut 
or removed from the forest preserve without the per- 
mission of the forest preserve board. The expenditure 
of one milhon dollars by the board in the purchase or con- 
demnation of land within the Adirondack Park boundary 
was authorized. 

In an amendment of March 28, 1898 ^ the procedure 
for the acquisition of land was modified, the making of 
compromises authorized and the provision as to a forfeiture 
of twenty-five dollars for each tree cut omitted; and in 
one of May 17, 1899 ^ section eight was amended as to 
punctuation and section nine by the addition of a clause 
authorizing a payment for land before all timber was re- 
moved, or a part payment, if in the judgment of the board 
the circumstances made such payment advisable. 

Pennsylvania. A joint resolution of April 28, 1887 ' 
by the legislature of Pennsylvania, authorized the governor 
to appoint a committee of not over five persons to consider 
the forestry interests of the state and report at the next 
legislature. The following legislature made two appro- 
priations for the expenses of this commission, ^ but no 
legislation providing for state forests was enacted. 

An act of May 23, 1893 ^ authorized the appointment 



1. Session Laws, New York, 1898. ch. 135. 

2. Session Laws, New York, 1899, cli. 619, p. 1361. cf Act Feb. 18, 1899, p. 137, sec. 

16, requiring tlie governor to appoint a game and forestry warden for a term of 
four years at a salary of $1200, and o.vpenses, per annum. 

3. Session Laws, Pa., 1SS7, No. 31, p. 432. 

4. Session Laws, Pa., 1889, pp. 407 and 414. 

5. Session Laws, Pa., 1893. No. 68. p. 115. 



ADMINISTRATION BETWEEN 1885 AKT> 1900 13 

of a salaried commission of two to inquire into the forest 
conditions on state lands and upon other lands throughout 
the state, and the effect which the destruction of forests 
produced or would probably produce, and to report what 
measures should be taken by the state to maintain a tim- 
ber supply, and whether additional lands should be acquired 
for forest reserve purposes. An act of March 13, 1895, ^ 
creating a state department of agriculture, provided for 
the office of commissioner of forestry in this department, 
with the duty of collecting and disseminating information 
regarding the forest interests and industries of the state 
and of protecting the forests from fire. 

An act of March 30, 1897 ^ provided for the acquisition 
by the state, for forest reservation piu^poses, of any unseated 
lands wdthin the state sold for non-payment of taxes, the 
acquirement of which the commissioner of forestry should 
determine to be for the best interests of the commonwealth. 
Another act of May 25, 1897 ^ established a commission of 
five persons and imposed upon them the duty of examin- 
ing and acquiring for the state three forest reservations of 
forty thousand acres each, situated on the watersheds of 
the Ohio, Delaware and Susquehanna Rivers. 

An act of April 28, 1899, " authorized the purchase of 
unseated lands that had not been advertised for the non- 
payment of taxes upon such terms, not exceeding $5.00 
per acre, as might be agreed between the owners and the 
commissioner of forestry, subject to the approval of the 
Governor and three other state officials constituting a 
Board of Property. 

Michigan. On June 27, 1887 ^ the Michigan state 
board of agriculture was constituted an independent com- 
mission for inquiry into forestry conditions within the 
state, and town supervisors were required to report to this 
commission forest information appertaining to their re- 
spective towns. The next legislature, to which this com- 
mission submitted a report, instead of adopting construc- 



1. Session Laws, Pa., 1895, No. 8, p. 17. 

2. Session Laws, Pa., 1897, No. 10, p. 11. 

3. Session Laws, Pa., 1897, No. 69, p. 86. 

4. Session Laws, Pa., 1899, No. 81, p. 98. 

5. Session Laws, Mich. 1887. No. 259. p. 336. 



14 FOREST LAW IN AMERICA 

tive legislation, repealed the sections of the act of 1887 
that imposed duties upon town supervisors, ^ and the 
foUomng legislature repealed the remainder of the act. ^ 
The decade following witnessed no legislation in the line 
of a state forest policy in Michigan. ^ 

On June 7, 1899 '^ the legislature created a permanent 
forestry commission of three to make a thorough inquiry 
into the condition of timberlands in the state, the extent 
of the diminution of forested areas, the effects of the re- 
duction of forest area upon streams and climate, and the 
amount of the yearly timber growth and consumption. 
This commission was required to submit to the legislature 
which was to meet in 1901 a draft of a bill suitable to the 
needs of the state in the form of forestry law. The act 
also authorized the withdrawal from sale of two hundred 
thousand acres of state lands, and allowed the commissioners 
to receive by deed from private parties lands which they 
considered suitable for state forest reserves. 

Maine. By an act of March 25, 1891 ^ the legislature 
of the State of Maine made the state land agent state forest 
commissioner, and imposed upon him the duty of collect- 
ing information as to the extent of fire loss and other forest 
waste, the diminution of forest areas in the state, and the 
effect upon watersheds. The provisions of the act regard- 
ing the suppression of fires, the prevention of fires by rail- 
roads, and the steps to be taken to create an interest in 
the protection and extension of forests, were similar to 
those in the New York Act of 1885. The selectmen were 
made fire wardens for their respective towns, Tvdth au- 
thority to call out citizens to suppress fires. The provisions 
in this act that the commissioners of counties in which there 
were unorganized places might, if they deemed it necessary, 
appoint fire wardens to be paid by the counties was amen- 
ded by Act of March 9, 1893 ^ so as to make the appoint- 
ment of one or more wardens by such county commissioners 



1. Act July 3, 1889, S. L.. Mich., No. 260, p. 38. 

2. Act June 12, 1891, S. L., Mich., No. 127, p. 157. 

3. Cf. Act May 31, 189.5, S. L., No. 222. p. 514, providing for acceptance and manage- 

ment of Mackinac Island State Park. 

4. PubUc Acts 1899. Mich., No. 227, p. 355. 

5. Session Laws, Me., 1891 ch. 100 p. 90. 

6. Session Laws. Me., 1893, ch. 192, p. 207. 



ADMINISTRATION BETWEEN 1885 and 1900 15 

mandatory. Such wardens were to be paid by the county, 
and persons called by them to render aid were to be paid 
one-half by the county and one-half by the owner of the 
lands upon which the fire occurred. 

New Hampshire. By a joint resolution of August 16, 
1889 ^ the legislature of New Hampshire directed the ap- 
pointment of a commission of three persons to examine 
into the feasibility of a purchase by the state of the whole 
or any portion of the timberlands situated upon the hills 
and mountains of the state. Four years later ^ a forestry 
commission of five members was created with duties as to 
educational work similar to those vested in the forestry 
commissioners of New York, and with authority to pur- 
chase lands for public park purposes whenever private 
parties should furnish funds for such acquisition and with 
the duty of prescribing regulations for the protection of 
such lands. One of the commissioners, who was to act 
as secretary, was to receive a salary of one thousand dol- 
lars per annum, and the others the expenses necessarily 
incurred in the performance of their duties. The select- 
men of towns were made fire wardens, with the duty of 
summoning assistance for the extinguishment of forest 
fires. 

Minnesota. Aside from laws providing for bounties to 
those planting forest trees, little interest was manifested 
by the legislature of Minnesota in the matter of preserva- 
tion and protection of forests within the state prior to 1895. 

In the autumn of 1894 very disastrous forest fires occurred 
in the northeastern portion of the state resulting in serious 
loss, both of property and of lives, in the town of Hinckley, 
Minnesota. Aroused to action by this holocaust, the 
quefetion of forest fire control received attention in the suc- 
ceeding session of the state legislature. 

By act of April 18, 1895 ^ the state auditor was made 



1. Session Laws, N. H., 1889, ch. 152, p. 139. 

2. Act March 29, 1893. S. L., N. H. ch. 44. p. 36. 

3. Session Laws of Minn., 189.5, ch. 196, p. 472. Chapter 106 Minnesota Laws of 

1895 provided for tlie administration under the name of Itasca State Park of 
the lands which had been granted to the state for park purpo.ses on August 2. 
1892 (27 Stat. L., 347.) See amendments in chapter 304, of 1899: chapter 134, 
1901 : chapter 218, of 1903, and chapter 258, of 1903; and of. chapter 169, of 1895, 
creating an interstate park on St. Croix River. 



16 FOREST LAW IN AMERICA 

state forest coimnissioner with authority to appoint a 
deputy to be known as chief fire warden. These officials, 
were charged both with the duty of preventing and sup- 
pressing forest fires, and that of directing forestry investi- 
gation and popular education. This act like the New 
York act of 1885 made supervisors of towns, mayors of 
cities, and presidents of villages, fire wardens, and pro- 
vided for the appointment of other wardens where needed. 
Wardens were given authority to call out residents, under 
penalty of a fine, to assist in controlling fires and were 
authorized to arrest without warrant persons found vio- 
lating the provisions of the act. This law provided penal- 
ties for one who should maliciously, willfully or negligently 
injure another through firing the woods either upon his 
own land or that of another, or who should even endanger 
Hfe or property by the setting of fires near forest lands and 
leaving it unquenched. It required raihoads to clear com- 
bustible material from rights of way, use spark arresters, 
and furnish men for assistance in suppressing fires. 

An act of April 13, 1899 ^ designated as forest reserves all 
tracts which should be set aside or acquired by the state 
legislature, donated to the state by private parties, or 
granted to the state by the federal government for forestry 
purposes. The act created a forestry board of nine mem- 
bers chosen in such manner as to be very representative of 
the various interests of the state. The care, management 
and preservation of the state forest reserves was vested in 
this board, which was required to ascertain and apply 
the best methods of forest use, protection and conservation, 
and to pubhsh forestry information for the benefit of the 
people of the state. Provision was made for town and county 
forest boards. The act also contained veiy detailed pro- 
visions for the dedication of private lands to state forest 
purposes, and the distribution for public purposes of the 
proceeds derived from the leasing or sale of lands or of 
timber upon state forest reserves. 

Wisconsin. Spurred to action by the disastrous forest 
fires of 1894, the legislature of Wisconsin also made a be- 



1. Session Laws, Minn., 1S99, cli. 214. 



ADMINISTRATION BETWEEN" 1885 and 1900 17 

ginning in a state forest policy by an act of April 17, 1895. ^ 
This act made the chief clerk of the state land office state 
warden, and an assistant clerk deputy warden, but allowed 
them no additional compensation. It was made their 
duty to supervise town fire wardens, and to formulate and 
publish regulations for the protection of the forests of the 
state. Town supervisors and road superintendents were 
made town fire wardens. Provision was made for the 
payment of fire wardens and those employed by them to 
assist in extinguishing fires, but the amount to be annually 
expended by a town was limited to one hundred dollars. 
The act contained new provisions regarding the setting of 
fires that endangered timber, with special sections as to 
hunters and railroads. This act was amended on April 
27, 1897 ^ to authorize the state warden to appoint a fire 
warden in each organized town of the state who should have 
the power to summon residents of a town or of the immediate 
vicinity of a fire under penalty for a failure to respond. 
The annual expenditure for fire control purposes was limited 
to one hundred dollars for each thirty-six sections of land. 
The law was amended again on May 4, 1899 ^ to limit the 
number of wardens to be appointed to the towns within 
certain designated counties, except when a request for 
such appointment was presented to the state warden by 
the board of supervisors of other counties. 

An act of April 14, 1897 ^ provided for a commission of 
three to devise plans for the organization of a forestry de- 
partment to manage the state lands suitable for timber 
culture and the practice of forestry. The terms of this 
act as to the scope of the inquiry indicated a purpose to 
establish state forests upon a substantial and profitable 
basis, but no definite legislative policy was formulated 
prior to 1900. 

Montana. A Montana act of March 7, 1893, ^ as 
amended by an act of March 6, 1897, ^ authorizing the sale 



1. Session Laws, Wis., 1895, cli. 266, p. 522. 

2. Session Laws, Wis., 1897, cli. 362, p. 932. 

3. Session Laws, Wis., 1899, ch. 353, p. 662. 

4. Session Laws, Wis., 1897, p. 438. Amended Laws of 1899, p. 88, 

5. Session Laws, Mont., 1893, p. 46. 

6. Session Laws, Mont., 1897, p. 193. 



18 FOREST LAW IN AMERICA 

of timber from state public lands, provided that no live 
timber less than eight inches in diameter twenty feet from 
the gi'ound, except lodgepole pine and bull pine, should be 
sold, and required that all timber should be cut under regu- 
lations for the preservation of timber and the prevention 
of fires. 

Utah. Section one of article eighteen of the first state 
constitution of Utah was identical with the provisions of 
the Colorado constitution of 1876 regarding the care of 
forests within the state. A Utah act of April 2, 1896, ^ 
authorizing the state board of land commissioners to sell 
timber from unsold, unleased or unreserved lands, pro- 
vided that no contract of sale should entitle the purchaser 
to cut, use, injure or destroy trees under eight inches in 
diameter at the butt, except of certain named species, and 
required such disposal of the brush as was necessary to 
protect young timber from fire. The same act - directed 
the commissioners to reserve from sale such timberlands 
as they deemed necessary to preserve the forests of the 
state, prevent a diminution of the flow of rivers, and aid 
in the irrigation of arid lands. 

North Dakota. In 1891 ^ the newly formed state of 
North Dakota created the office of "State Superintendent 
of Irrigation and Forestry," at an annual salary of one 
thousand dollars and an allowance of five hundred dollars 
for expenses. This official was required to explain to the 
people the economic advantages of forestry practice and 
to aid in the promotion of tree culture, and in 1897, ^ a 
state school with the special duty of giving instruction re- 
garding forestry science, called the North Dakota School of 
Forestry, was estabhshed by the legislature. 

Oregon. An Oregon act of February 20, 1893 ^ con- 
tained very full provisions regarding the unlawful setting 
of fires; and an act of February 18, 1899, ^ providing for 

1. Session Laws, Utah, 1896, (1st Leg.) p. 243. sec. 20 and 21. 

2. Session Laws, Utah, 1896, p. 250, soc. 43. Amended, Laws 1899, p. 93. 

3. Session Laws, N. Dak., 1891, ch. 76, p. 216. 

4. Session Laws, N. Dak.. 1897, ch. 129, p. 300; cf. S. L. 1907. ch. 100 

5. Session Laws, Ore.. 1893, p. 45. 

6. Ses.sion Laws, Ore.. 1899, p. 132 (Fires, sees. 15, 16, 21, 22.) 



ADMINISTRATION BETWEEN 1885 and 1900 19 

the appointment of a forest, fish and game warden at a 
salary of twelve hundred dollars and expenses and other 
game officials, required these officers to extinguish forest 
fires. 

General Educational Provisions. In North Carolina on 
March 7, 1891; ^ in New Jersey on May 1, 1894; ~ in West 
Virginia on Feb. 26, 1897, ^ and in Wisconsin on April 22, 
1897, ^ laws were enacted requiring the study of the forests 
of the respective states by those engaged in making geologi- 
cal surveys of the state. 

Subsequent to 1875 courses of lectures in forestry science 
were given in a number of American colleges, and the close 
of the century was marked by the establishment at Cornell 
University, in the State of New York, of the first American 
forest school of collegiate rank. ^ 



1. Session Laws, N. C, 1891, ch. 417, p. 483. 

2. Session Laws, N. J., 1894. ch. 120, p. 178. 

3. Session Laws, W. Va., 1897, ch. 6, p. 38. See Laws 1903 ch. 50. 

4. Session Laws, Wis., 1897, ch. 297. cf. Ala. Code, 1896, sec. 2242; Iowa Code, 1897, 

sec. 2499; Minn. Stat. 1894, sec. 3928; Mo. Rev. Stat.. 1899, sec. 7503 (all requir- 
ing investigation of forest resources by State geological survey). 

5. Act March 26, 1898, S. L. ch. 122, p. 230. 



CHAPTER II 

Legislation for the Prevention and Control of 
Forest Fires Enacted in American Colonies, 
Territories and States Prior to the Year Nine- 
teen Hundred 

THE DEVELOPMENT OF FOREST FIRE LEGISLA- 
TION PRIOR TO THE YEAR 1885 

As early as July 26, 1631 ^ the setting out of fires, except 
within a certain portion of the year, was forbidden in the 
Massachusetts Bay Colony under pain of the payment of 
damages and of sucn penalty as the court should see fit to 
inflict. The need of statutory regulation of the manner in 
which fires should be set in field and forest was felt even 
more keenly as settlement increased, and during the colonial 
period several laws regarding the firing of woods were enacted 
in Massachusetts. Laws of the same character were passed 
prior to the American Revolution in New Hampshire, 
Connecticut, Rhode Island, New York, New Jersey, Penn- 
sylvania, Delaware, and North Carolina. ^ 

The earlier statutes were directed largely toward the 
prevention of the destruction of fife and of property that 
had been accumulated by human effort, but as years passed 
the protection of growing timber from fire received an in- 
creasing attention in the framing of such laws. A Massachu- 
setts Act of January 15, 1743 ^ specifically mentioned 
the damage caused by fire to young tree growth and to 
the soil as a justification for the restrictions against the 
setting of fires. 

Many of the early laws permitted the setting of fires 



1. Records of Mass. Bay Colony, Vol. 1, (1628-1641). p. 90. 

2. Forest Lcfj;islation in America prior to March 4, 1789, Kinney, Cornell University 

Aiir. Kxp. Sta. Bulletin No. 370 pp. 363-370. 

3. Acts and Kesolves. Province Mass. Bay, Vol. 3, p. 40. 

20 



FIRE LEGISLATION PRIOR TO 1885 21 

during the open season only on condition that a due warn- 
ing was given to adjoining land owners. Laws making one 
liable for all damages or for one and one-half times the 
damage caused by the escape of fire from his own land to 
the damage of another were enacted early in several colo- 
nies, ^ and several of these placed upon the defendent the 
burden of proving his innocence after the submission of 
evidence making it highly probable that he was at fault. 

The provisions in the earlier laws excepting one from 
liability for damage caused another through the escape of 
a fu'e set in the open season and after due notice were ulti- 
mately found to be unsatisfactory, and full satisfaction for 
all damages caused another was insisted upon where the 
loss could be traced to a deliberate act in the setting of the 
fire. ' 

The early statutes in several colonies made the setting 
of fires upon the land of another, or on common land, a 
criminal offense. ^ The legislation regarding the unlawful 
firing of the woods enacted subsequent to the close of the 
Revolution was marked by more severe penalties. ^ 

A new feature in forest fire legislation appeared in a 
New York act of December 17, 1743. ^ This act, which 
applied to four counties only, empowered any person who 
should discover a fire in the woods to summon all of the 
neighboring and adjacent inhabitants to assist in the ex- 
tinguishment of the fire, and imposed a forfeit of six shill- 
ings upon any person so commanded who should refuse, 
neglect or delay to render assistance. In 1658 ^ the provi- 
sions of this act were extended to the whole state. A fur- 
ther advance was made in a New York act of November 8, 
1760, ^ providing for the election of firemen in each town or 
manor of Albany and Ulster Counties who were charged 
with the duty of extinguishing forest fires and empowered 
to summon residents to assist them. After the institution 
of a state government a new act of March 12, 1788 ^ im- 



1. In Mass., 1633; N. Y.. 1665; N. J., 1717; Conn., 1733; Penn., 173.5; Del., 1741; 

R. I., 1750. 

2. Conn., 17:33; Penn., 1735; N. J., 1740; Del.. 1741; N. Y., 1743; R. I., 1750. 

3. Mass.. 1638; Conn., 1656; N. Y., 1665, N. H., 1680; N. J., 1683; R. I., 1704; Del. 

1739; N. C, 1777. 

4. Laws of N. C, 1782, c}i. 29; Mass Act Mar. 11, 1785; N. Y. Act Mar. 12, 1788. 

5. Colonial Laws of New York, Albany, 1894, Vol. 3, p. 318 (chap. 750). 

6. Colonial Laws of New York, Vol. 4. p. 304 (ch. 1075.). 

7. Colonial Laws of New York, Vol. 4, p. 508, ch. 1142. 

8. Laws of New York, Greeleaf. 2(1 Ed., N. Y., 1798, Vol 2, p. 187, ch. 71. 



22 



FOREST LAW IN AMERICA 



posed the duty of extinguishing forest fires upon justices of 
the peace, town supervisors, highway commissioners, and 
officers of the mihtia, and authorized such officials to sum- 
mon inhabitants under a penalty of four shilhngs for each 
day of failure to report. 

Soon after the institution of a national government new 
legislation regarding forest fires was enacted in neariy all 
of the oi'iginal states, and as new territories and states 
were formed, laws against the willful or careless setting of 
fires were passed. ^ 



12. Ala. Laws of 1S52, ch. 2.3, p. 52; Laws of 18.56, ch. 30, p. 19; Laws of 1868, ch. 

.38. p. 403, Act Mar. 28, 1873; Laws of 187.5, ch. 343, p. 507; Act Feb. 

13. 1879. S. L. p. 167; Act Feb. 17, 18.S5, S. L. p 125. 
Ariz. Compiled Laws 1864-71. Albany, p. 95, sec. 144; same Comp. Laws 

Detroit 1877. p. 96, sec. 380. 
Ark. Act Nov. 2, ISOS. Comp. Laws, Steele & Campbell, Little Rock, 1835, 

p. 561 ; Act Feb. 3, 1875, S. L., p. 128. 
Calif. Act Apr. 16, 1850. Statutes 1st Legis., p. 246, sec. 142. Act Feb. 13, 

1872, S. L., p. 96, Codes &St., 1876. Hittell, par. 13384; cf. 3344. 
Colo. Laws of 1861, p. 317, sec. 129 (Same Rev. St. 1868, p. 235, sec. 178; 

Gen. Laws 1877, p. 313. sec. 784. 
Conn. Acts & Laws. Conn., Hartford, 1796. p. 422; Gen. St. 1835, p. 557. sec. 5. 
Del. Laws, Del., Newcastle, 1797. Vol. 1, p. 217; Act Jan. 23. 1827, ch. 11, 

p. 28. See Rev. Laws Del. 1829, p. 273, and Rev. St. 1852, p. 142. 
Dak. Gen. Laws 1st Terr. Ass., Yankton, 1S62, p. 196; cf. Laws Dak. 1862-63, 

p. 59, sees. 49 and 50; Act Jan. 5, 1869, S. L. ch. 18, p. 231.; Act Feb. 
11, 1881, S. L. ch. 106, p. 174. 
Fla. Act Fob. 10, 1832, Acts of Fla. to 1840, Duvall, Tallahassee, 1839, p. 123. 

See Laws of Fla., 1868, ch. 4. p. 70, sec. 5. 
Ga. Penal Code of 1817, Div. 11, Sec. 2. See Digest by Prince, 1822, p. 369; 

Laws of Ga. p. 194, sec. 5; Act Dec. 29, 1847; S. L., p. 296, Digest by 

Cobb, 1851, p. 64. 
Ida. Act Feb. 4, 1864. Laws 1st Terr. Ass., p. 471, sec 148; Act Feb. 10, 1887, 

Rev. St. 1887, sec. 6921. 
HI. Act Feb. 20, 1819, S. L., p. 384; act Feb. 14, 1823, S. L., p. 140. See 

Rev. Code 1827, p. 155; Rev. St. 1874, p. 354. 
Ind. Act Jan. 21, 1818, S. L., p. 361, ch. 75 (indictable). Act Jan. 10, 1823, 

S. L., ch. 86, p. 439; Act Feb. 10, 1831, Rev. Laws 1831, ch. 26, sec. 97, 

p. 198; Act June 14, 1852, Rev. St. 1852, p. 437, sec. 34. 
Iowa Act Feb. 16, 1843, Rev. St. 1843, ch. 121. p. 501; Code 1851, p. 355, 

sec. 2607; Act Mar. 21, 1862; S. L., ch. 53. p. 57; Act Mar. 16, 1878, 

S. L , ch. 55, p. 48. 
Kan. Statutes of Terr. Kan., 1855,p.765; ActFeb.9. 1859, S. L.,lp.421; ActFeb. 

16, 1860, S. L. p. 124, Comp. L. 1862. p. 567; Act Feb. 26, 1863, S. L., 
p. 53; Act Feb. 25, 1868, Comp. L. 1868, ch. 118, p. 1121; Act Feb. 17, 
1872, S. L., ch. 129, p. 274. 

Ky. Act Dec. 21. 1831, S. L. ch. 659, p. 97; Act Feb. 22, 1835, S. L., ch. 480, 

p. 679; Act Feb. 7, 1840, S. L., ch. 246, p. 150; Act Jan. 29, 1846, S. L., 
ch. 107. p. 5; Rev. St. 1852, p. 275, sec. 5 and 6. 

La. Act Nov. 2, 1808, Laws Terr. La., Jefferson City, 1842, ch. 64; Act Mar. 

17. 1859, No. 234, p. 184. 

Me. Act Feb. 24, 1821, sec. 4 and 6, Laws Me., Brimswick, 1821, p. 59 and 60, 

Portland, 1834. p. 58; Act Feb. 28. 1855, S. L., ch. 132, p. 134. 
Md. Laws 1792, ch. 49; Act Jan. 15, 1799, Macey's Laws of Md., Baltimore, 

1811, Vol. 2, ch. 39, p. 443, Laws 1878, ch. 39. 
Mass. Act Mar. 10, 1797, sec. 7; Act Mar. 16, 1805, Laws of Com. Mass., 1823, 

Vol. 2, p. 128; Laws 1839, ch. 48, see Gen. St. 1860, p. 807, sec. 89 and 

90; Apr. 19. 1882, S. L., ch. 163, p. 121. 
Mich. Act Nov. 25, 1817, Laws Terr. Mich., Detroit, 1820, p. 143; Laws 

Terr. Mich.. Lansing, 1871, Vol. 1, p. 500; Act Mar. 12, 1827, Laws 

T. Mich., 1874, Vol. 2, p. 310. See Rev. Laws State Mich., 1838, p. 

215, ch. 9; Rev. St. Mich., 1846, ch. 45. 
Minn. Act Juno 23, 1858, Pub. St. 1849-58. p. 715, sec. 49; Act Mar. 10, 1860. 
Miss. Acts Feb. 16. 1828, Laws Miss, to 1838, p. 159; Dec. 24, 1833, and Feb. 

24, 1848, Code Miss., Hutchinson, pp. 287, 294; Rev. Code 1857, ch. 

28 u 225 
Mo. Act Nov. 2, 1808, Laws Terr. La., p. 208; Act Dec. 30. 1824, Rev. Laws 

1825, p. 798; Act Jan. 26, 1835, Rev. St. 1835, p. 624; Act Nov. 17. 

1855, p. 1584; Act Mar. 3. 1857, S. L., p. 180; Act Apr. 13. 1877, Rev. 

St. 1879, p. 329, sec. 1372. 
Mont. Acts 1st Terr. Ass., 1864, p. 215, sec. 149; Act Jan. 12, 1872, Codified 

Laws Terr. Mont., 1872, p. 310, sec. 178. 179; Act Feb. 15. 1881. Rev. 

St. 1881. Appendix, p. 48. 

(Footnote 1 concluded on next page) 



FIRE LEGISLATION^ PRIOR TO 1885 



23 



The acts in the states and territories of the Mississippi 
valley and the western plains region aimed especially to 
prevent prairie fires which were very destructive of crops 
and buildings, ^ while those of the southern states were 
directed especially to the protection of stock ^ and of tur- 
pentine orchards. ^ Many of the laws provided for an 
open season for necessary burning, ^ and others allowed 
necessary burning at any time if the fire were confined to 
one's own land. ^ In several states a notice to neighbors 
in advance of the setting of a fire was required, ^ and in a 
few the careless leaving of a fire unextinguished was made a 



(Footnote 1 continued from preceding page) 
Act Feb. 28, 1855, S. L., p. 196: Rev. St. Neb. Terr., 1866, p. 628, ch. 14, 

sec. 162; Act Feb. 19, 1877, S. !>., p. 3. 
Act Nov. 26, 1861, S. L., p. 56: Act Feb. 19, 1879, S. L., p. 41 (Camp fires.) 
Act June 19, 1812, Laws of N. H., 1815, p. 319; Act July 8, 1862, S. L., 

cli. 2609, p. 260. 
Act Nov. 24, 1794, Revised Laws 1800, p. 132; Amended Acts Mar. 3, 

and 24, 1875, Rev. St. 1877, p. 422; Act Apr. 6, 1876, S. L., p. 83 (char- 
coal pit or brush.) 
Act Jan. 31, 1861, Rev. St. 1865, p. 712; Act Feb. 18, 1882, ch. 61, sec. 6 

and 7. 
Act Mar. 12, 1788, S. L., ch. 71; Rev. Laws, Albany. 1813, Vol. 1, p. 123; 

Act Apr. 5, 1817, S. L., ch. 181; Rev. St. 1829, Vol. 1, p. 694; R. S. 

1836, Vol. 1, p. 694: R. S. 1846, Vol. 1, p. 876. 
Act 1777, ch. 25, Pub. St., Iredell, Vol. 1, p. 246; ch. 29 of 1782, 

ch. 38 of 1865-66. (Wagoner.) 
See Dakota. 
Act Dec. 6, 1799, Laws 1st Ass. N. W. Terr, Cincinnati, 1833, ch. 104, 

p. 245; Act Feb. 11, 1805, S. L., ch. 38, p. 210, (indictable). Laws of 

Ohio, Vol. 14, ch. 49, p. 238; Act Mar. 8, 1831, Ohio Laws. Vol. 29, p. 

144; Act Mar. 30, 1875, Ohio Laws, Vol. 72, p. 149; Rev. St. 1880, 

sec. 6834, "willfuUv" omitted from sec. 1, Act Mar. 30, 1875. 
Statutes Okla. Terr., 1893, sec. 2490. 
Act Feb. 6, 1851, Stats. 2d Terr. Ass., p. 94, sec. 70; Stats. 18.53-4, p. 196. 

sec. 36; Act Oct. 19. 1864, Codes & Gen. Laws, 1887, sec. 1787. 
Act Apr. 18, 1794, Laws Pa. 1810, Vol. 3, p. 139; Act Mar. 29, 1824, 

P. L., ch. 91, p. 152; Act Mar. 26, 1867; Act Apr. 9, 1869, P. L, p. 786, 

No. 766; Act June 2, 1870, P. L., p. 1316, No. 1206,; Act June 11. 1879, 

P. L. p. 162, No. 76. Cf. Act May 19, 1871, S. L. p. 950 (Lycoming Co.) 
Pub. Laws 1798, p. 569; Pub. Laws 1844, p. 382; ch. 279, Laws of 1872., 
Act Mar. 13, 1789, Stat at Large. Vol. 5, p. 124. sec. 5; Act Dec. 21, 

1857, Vol. 12, p. 617; Laws 1876, Vol. 16, p. 61. Cf. Act Dec. 18, 1891, 

Vol. 20, p. 1125; Act Dec. 16, 1891, Vol. 20, p. 1045 (carrying torch.). 
See Dakota. 
Ch. 25 of 1777 and ch. 29 of 1782, Pub. Laws N. C. and Tenn., Nashville, 

1815, p. 134, 156; Laws 1887, ch. 234. , ,, 

Act Mar. 18, 1848, S. L., ch. 109, p. 138; Act Aug. 28, 1856, Paschal s 

Digest, 1878, Art. 2333; Act. Apr. 14, 1883. S. L., p. 102; Act Feb. 7, 

1884, S. L., p. 66. 
Compiled Laws 1876, p. 612, sec. 211. 
Act Mar. 4, 1797, S. L., p. 190; Rev. St. 1840, p. 432, sec. 22; Gen. St. 

1862, p. 673, sec. 38, Gen. St. 1870, p. 673. „ . ^ 

Jan. 16, 1802, Rev. Code Richmond, 1819, Vol. 2, ch. 253, p. 313; Act 

Mar. 6, 1835, S. L., ch. 65, p. 46; Act Mar. 14, 1848, ch. 4, p. 100, 

sec. 9 and 10 (Criminal Code); Act Mar. 14, 1878, S. L., ch. 311, Sub. 

ch. 3, sec. 7 and 8, p. 287; Act Apr. 21, 1882, S. L., ch. 66, p. 402. 
Act Nov. 6, 1877, S. L., p. 300; Act Mar. 15, 1890, Laws 1st St. Leg., p. 

127, sec. 9; Act Mar. 7. 1891, S. L., p. 226, (State & U. S. Lands). 
W. Va. Code of 1868, p. 682, sec. 7 and 8; from Va. Acts of 1835 and 1848. Act 

Mar. 29. 1882, S. L., p. 475, sec. 5, 8 and 9, ch. 148. 
Stats. Terr. Wis. Albany 1839 p. 356 sec. 40; Rev. Stat. 1849 p. 697 

sec. 52; Act Mar. 19, 1873 S. L. p. 643; Rev. St. 1878 p. 1045 sec. 

4406. 
Act. Nov. 23, 1869 Gen. Laws Wyo. Terr. 1st Sess.. p. 424; Acts 1879, 

ch. 87 p. 154. 

1. Dak., 1862; 111., 1819; Ind., 1818; Minn., 1858; Wis. Rev. St. 1839. 

2. N. C, 1777. 

3. Ala., 1856 1879; Ga., 1847; S. C. 1876. 

4. Ala., 1852; Colo., 1861; Dak., 1862; Del., 1827; Miss. 1828; Ohio 1799; TeX-, 

1848; Wyo., 1869. 

5. Miss. 1828; Mo., 1808; N. M. 1861; S. C. 1789; Wash. 1877. 

6. Ariz., 1871; Ark., 1835; Dak., 1861; Fla. 1840; lU. 1819; Ind., 1818; Ida., 1864; 

N. C, 1777. 



Neb. 



Nev. 
N. H. 



N. J. 



N. M. 
N. Y. 



N. C. 



N. D. 
Ohio 



Okla. 
Ore. 



Pa. 



R. I. 

S. C. 



S. D. 
Tenn. 



Tex. 



Utah 

Ver. 



Va. 



Wash. 



Wis. 



Wyo. 



24 rOREST LAW IN AMERICA 

misdemeanor. ^ Several acts excepted from the penalties 
persons who set a back fire to protect their own property. ^ 
The statutes generally provided either for compensatory ^ 
or multiple ^ civil damages for any loss caused another 
through the unlawful setting of a fire. In many states 
separate penalties were imposed for the neghgent permitting 
of a fire to escape and for the willful and malicious setting 
of a fire, '" while others classed both offenses together but 
gave a latitude as to minimum and maximum penalties to 
be imposed. " A few state statutes imposed penalties 
only where the fire was deliberately set with an unlawful 
motive, ^ while others made a distinction in penalties be- 
tween cases of willful firing in which damage was actually 
done and cases in which no damage resulted. ^ Although 
there were groups of states with similar laws, there were 
essential differences in the laws of the different groups. ^ 
In the various state laws the expressions "mlfully," ^° 
"neghgently," ^^ "wilfully and neghgently," ^^ "wilfully 
and deliberately,"^^ "wilfully and maliciously";^^ "un- 
lawfully and maliciously"; ^^ "wantonly and designedly" ;^^ 
"wilfully, mahciously and neghgently"; ^^ "wilfully, ma- 
liciously or wantonly," ^^ and "willingly and intentionally or 
negligently and carelessly" ^^ were used to designate the 
manner in which a fire must be set to render the one setting 
it subject to the penalties of the law. 

The majority of the thirteen original states had, through 
experience in the colonial period, learned the difficulty of 
proving the motive with which a fire was set, and had pro- 



1. Mont. 1872; Nev. 1879. 

2. Calif.. 1872; Kan., 1855; Me.. 1821; Nev. 1861. 

3. Ark. 1835; Colo. 1861; Dak. 1861; Ind. 1818; Iowa 1843; Kan. 18.55; Me. 

1821; Mich. 1817: Miss. 1828; Mo. 1808: Mont. 1872; N.M. 1882; N.C. 1782; 
Ore. 1851; Pa. 1794; S. C. 1789; Va. 1S35; AVyo. 1869. 

4. Ark. 1875; Calif. Code 1876; Mich. Kev. St. 1838; Mo. 1855; N. J. 1794; Ohio. 

1799. 

5. Cola., 1861; Kan., 1855; Me., 1821; Code Mont., 1872; Va., 1878. 

6. Dak., 1861; Ida., 1864; 111., 1819; Ind., 1818; Iowa, 1843; Ky. Rev. St., 1852; Mich., 

1817; Minn., 1858; N. M., 1861; Wis. Rev. St. 1849. 

7. Ga., Prince's Digest, 1822, p. 369: Fla., 1832: Kan., 1855; Mass., 1804: Md., 1799. 

8. Laws Ark., Terr., 1835; Miss., 1828; Mo., 180S; Neb., 1855; N. J., 1794; Pa., 1794; 

Wash., 1877. 

9. Cf. Laws of northeastern, middle western and southern states. 

10. Ark.. 1875; Colo., 1861; Dak., 1869; Miss., 1828; Mo.. Tex.. 1848: Wye. 1869. 

11. N. Y. Rev. Stat., 1829, Vol. 1, p. 696. Rev. Stat. 18136, Vol. 1, p. 694; Rev. St. 

1846, Vol. 1, p. 876. 

12. 111., 1819: Ind., 1818; Oliio, 1805. 

13. Calif.. 1872. 

14. Fla.. 1868: Ga., 1833; Ore. 1851; S. C, 1857. 

15. W. Va. Code, 1868. 

16. Mont. Code, 1872; cf. "wanton and wilful" in Pa. Act June 11, 1879, P. L , 162. 

17. Ohio. 1875. 

18. Wis. Kev. St.. 1878. 

19. Ariz. Comp. L., 1871; Dak. 1862; Minn., 1S5S; Neb. 1861; Nev., 1861. 



FIRE LEGISLATION PRIOR TO 1885 25 

videcl penalties for the setting of a fire except under certain 
conditions, the law assuming an improper motive unless 
justification could be shown by the offender. While the 
earlier laws in western and southern states allowed much 
freedom, the later laws in nearly all states made it unlaw- 
ful to set a fire on the land of another, on public land, or 
on one's own land, except where a proper motive and an 
apparent freedom from danger obtained, and there was a 
tendency in most states to increase the penalties for the 
unlawful firing of the woods, or to change the offense from a 
misdemeanor to a felony. ^ 

Several states adopted provisions similar to those con- 
tained in the New York act of March 12, 1788, and subse- 
quent laws, imposing upon certain public officials the duty 
of summoning citizens to assist in the extinguishment of 
forest fires. ^ One of the most comprehensive and restric- 
tive laws of this character enacted prior to 1885 was the 
Iowa act of February 16, 1843. This act authorized the 
boards of county commissioners to lay off counties into 
fire districts and to appoint a fire warden in each district. 
Every person before setting a fire was required to obtain 
a written license from a fire warden. This license must e - 
pressly state where the fire was to be set, and the restric- 
tions which the warden considered necessary for the se- 
curity and preservation of crops. The wardens were re- 
quired to superintend all such burnings, and to prevent 
the spread of fire beyond safe bounds. The supervisors 
of roads were to perform fire duties under the direction of 
the wardens. The wardens were authorized to summon all 
able-bodied male citizens to assist in the control of fire under 
pain of a fine for refusal or neglect to respond. Boards of 
county commissioners were to fix the pay of the wardens 
who, as in several other states, were subject to a fine for a 
refusal to serve. The escape of a fire set within an inclosure, 
mthout a hcense, would subject one to the penalties of the 



Me.. 1S.55: Mo , 1857; Neb., 1877; N. H., 1862; Ohio. 1875; Pa., 1824. 1869, 1879 
W. Va., 1882. 

Kv.. Act Feb. 7, 1840; N. J., Act Nov. 24. 1794; Rev. Laws 1800, p. 132, sec. 2 
■Rev. St. Mich., 1838, p. 215, sec. 2 and 3; Iowa Act, Feb. 16, 1843, Rev. St 
1843, ch. 121, p. 501; Pa. Act June 2. 1870. P. L. No. 1206, p. 1316; Mass. Act 
Mav 11. 1874, S. L. ch. 228, p. 153; Ohio Act Mar. 30, 1875, S. L., Vol. 72, p. 149 

Cahf. Codes & Stat., 1876, Hittell, sec. 3345. 



26 FOREST LAW IN AMERICA 

act in the form of a fine of live dollars to one hundred dollars 
and liability for all damage caused. 

The fire damage caused by hunters was early noted. 
Some of the early laws restricting the use of fire by hunters 
in southern states were evidently not directed to a conser- 
vation of timber, ^ but as early as 1843 in Iowa, ^ 1855 in 
Maine, ^ 1862 in New Hampshire, "* 1875 in New Jersey, ^ 
and 1877 in Washington, ^ specific restrictions against the 
setting of fires by hunters were enacted. 

The preamble to a Pennsylvania act of April 9, 1869 ^ 
recited the pubhc loss involved in the burning of timber and by 
an act of June 2, 1870 ^ the legislature of Pennsylvania 
made it the duty of county commissioners to appoint per- 
sons to be paid from county funds to ferret out and bring 
to punishment persons who set fire to the woods and to 
extinguish fires. 

Subsequent to the advent of the steam railroad in America 
laws imposing a special liability for damages resulting from 
a fire set by a locomotive or by the employees of a railroad 
were enacted in many American states as railroad construc- 
tion extended from the Atlantic to the southern, middle- 
western and far-western states. ^ Almost universally such 



1. Ala. Act Feb. 10, 1803, and Act Dec. 12, 1S22. 

Ga. Act Dec. 10. 1790. Prince's Digest. 1822, p. 341. 

N. C. S. L. 1773, ch. 18 in Rev. Acts N. C. 1773 p. 552; S. L. 1784. ch. 33. 

S. C. Act Mar. 28, 1778, No. 1075, and Act Oct. 12. 1785, No. 1299. Stat, at 

Large, Vol. 4, pp. 411 and 719; Act Marcli 13, 1789, No. 1463, sec' 1-5, 

Stat, at Large, Vol. 5, p. 124. 

2. Act Feb. 16. 1843. 

3. Act Feb. 1855, S. L.. ch. 132. p. 134. 

4. Act July 8, 1862, S. L., ch. 2609, p 260. Gen. St. 1867, p. 525, sec. 4. 

5. Act Mar. 24, 1875, S. L.. ch. 210. p. 39. 

6. Act Nov. 6. 1877. sec. 4. 

7. Pamplalet Laws 1869, No. 766, p. 786. 

8. Pamphlet Laws 1870, No. 1206, p. 1316. 

9. Ark. Act Feb. 3, 1875, S. L.. p. 133 (Covers all property, fire not mentioned.) 
Colo. Act Jan. 13. 1874, S. L., p. 224; Act Feb. 11, 1879, S L., p. 73; Act Feb. 

27, 1883, p. 198 (plowing of strip required.) 
Conn. Rev. Stat.. 1849. p. 84; Act Apr. 12, 1881, S. L., ch. 92, p. 48 (Insurable 

Interest.) 
Del. Act Apr. 5, 1881, S. L., ch. 380, sec. 2. 

Ga. Act Mar. 5, 1856, S. L., 1855-56. p. 155. 

111. Act Mar. 29. 1869, S. L., p. 312. 

Iowa Code 1873, sec. 1289. 

Kan. Act Alar. 24, 1870, S. L. ch. 93; Act Mar. 4, 1885, S. L. ch. 155, p. 258. 

Me. Act Mar. 7. 1854, S. L. ch. 9, sec. 5 (Insurable interest) ; Act Feb. 29, 1868, 

p. 126; Act Mar. 21, 1870, ch. 155 (repealed ch. 186 of 1868); Rev. 

Stat. 1871, p. 455, sec. 32. 
Md. Act Mar. 29. 1838, S. L. ch. 309; Act Mar. 30. 1839. S. L. ch. 244; cf. S. L. 

1841. ch. 266; S. L. 1846. ch. 346. 
Mass. Act Apr. 19. 1837, S. L.. ch. 226. sees. 9 and 10 (insurable interest); Act 

Mar. 23, 1840, S L. ch. 85, sec. 1; S. L. 1864, ch. 229. sec. .34; Act May 

26. 1871. S. L. ch. 381. sec. 45.; Act Juno 27. 1874; S. L.. ch. 372, sec. 106. 
Mich. Act Mav 1, 1873, S. L. No. 198, p. .539. 

Minn. Act Mar. 9, 1874, S. L., ch. 30, p. 155 (No insurable interest.). 
Mont. Act Feb. 23, 1881 (to clear right of way, or liable); Comp. Laws 1887. 

sec. 719, p. 830. Same code 1895, sec. 952. 
Neb. Cf. Laws 1879, p. 137; Laws 1883, p. 284. requiring plowing and burning 

along public roads. 

(Footnote 9 concluded on next page) 



FIRE LEGISLATION PRIOR TO 1885 27 

laws made the fact that a fire had been set by a locomotive 
primafacie evidence of negligence, and placed upon railroad 
operators the burden of proving due care on the part of the 
corporation and its employees if it were to avoid responsi- 
bility for the damages suffered. In a few states the liability 
was made absolute, irrespective of the question of due care. 
Because of the unusual responsibihty imposed, either the 
original law or subsequent enactments in Connecticut, 
Maine, Massachusetts, New Hampshire, New Jersey, South 
Carolina and Vermont afforded those operating railroads 
an insurable interest in the property along the right of way 
as to which liability for fire damage existed. Later statutes 
in several of the states in which liability was made abso- 
lute gave the railroad operators the benefit of insurance 
that had been effected by the owners. ^ A few states like 
Michigan and New Jersey in the acts of 1873 specifically 
provided that a railroad might offer as evidence of due 
care that the smoke stacks of its locomotives were properly 
screened and its fire-boxes carefully managed. These laws 
were especially intended as a protection for buildings, 
fences and similar improvements, but were broad enough 
to include hay, grain and growing timber. Because of the 
frequency of prairie fires set by locomotives, the laws in 
Colorado, Montana and New Mexico were of exceptional 
character. Thus the Colorado act of 1874 required that each 
year between July fifteenth and October first every rail- 
road operating within the state must "plough as a fire 
guard a continuous strip of not less than six feet in width" 
on each side of each road and adjacent to the boundary 
lines of its right of way, or one hundred feet distant from 
the center of the track, if the railroad owned that far. Lands 



(Footnote 9 concluded from preceding page) 

N. H. Rev. Laws 1842, ch. 142, sec. 8 and (insurable interest) ; From Act Dec. 
10, 1840. S. L. ch. 561. Same in Comp. Laws 1853. ch. 150, sec. 59 and 
60; Act June 25, 1861, S. L. ch. 2489 (gave railroad benefit of insurance 
by owner.). 

N. J. Act Apr. 6, 1865, S. L., ch. 481, p. 901; Act Apr. 4, 1873, S. L. p 155; Act 

Mar. 27, 1874 S. L. p. 112. 

N. M. Act Apr. 1, 1884, S. L. ch. 34. 

S. C. Act Feb. 9, 1882, S. L. No. 595, Stat, at L., Vol. 17, p. 830, sec. 100 (in- 

surable interest.). See Code S. C. 1912, sec. 3226. 

Yt. Act Nov. 13, 1849, S. L. No. 41, sees. 61 and 62 (insurable interest) ; same 

comp. Laws 1850. p. 204; Gen. Stat. 1870, 2nd Ed. p. 233. 

Va. Act Mar. 13, 1884, S. L. p. 519, (cf. p. 704) steam engine on highway to 

have spark arrester. 

N. H. Act June 25, 1861, S. L. ch. 2489. 

Me. Act Mar. 12, 1895, S. L. ch. 79. 

Mass. Act Apr. 18, 1895, S. L. ch. 293. 



28 FOREST LAW IN AMERICA 

within incorporated towns and in the mountains were ex- 
cepted. A failure to comply made a railroad liable for all 
damages caused by fire, and to a fine of two hundred dol- 
lars for each mile or fraction thereof not ploughed, for the 
benefit of the school fund. The act of 1879 amended the 
earlier act so as to authorize the board of commissioners of 
any county to reheve a railroad from the obligation within 
the county so far as they considered the ploughing unneces- 
sary. The act of 1883 extended the last hmit of the time 
for plowing to November first. 

The Montana act of 1881 required railroads to keep their 
right of way clear of all combustible material on each side 
of the track for the whole width of land owned by the rail- 
road up to a distance of one hundred feet. A failure to 
plow was to constitute 'prima facie evidence of negligence. 
The New Mexico act of 1884 vested in the officials of each 
county the authority to require the plowing of a strip along 
each side of a raih'oad right of way. 

A Michigan act of May 31, 1881 (S. L. No. 183) required 
that all vessels using wood for fuel and navigating waters 
of the state must be provided with suitable screens on the 
smoke stacks to prevent the escape of fire. Failure of any 
one operating such a boat to comply with the law was made 
a misdemeanor punishable by a fine of one hundred dollars 
and thirty days imprisonment for each day of such failure 
(See Comp. Laws of Mich. 1897, Vol. 2, ch. 145). 

LEGISLATION ENACTED BETWEEN 1885 AND 1890 

The year 1885 marks the beginning of a period of legis- 
lative activity in American states regarding forest and 
prairie fires. Although the laws in the western states were 
directed chiefly to the prevention of injury to buildings or 
crops through the setting of fires by railroads or the leav- 
ing of camp fires, they should be considered as reflecting 
the new viewpoint as to the losses caused by the careless 
setting of fires. 

In 1885. An Alabama act of February 17, 1885 ^amended 



1. Session Laws, Ala., 1885, p. 125. 



FIRE LEGISLATION BETWEEN 1885 and 1890 29 

section 4428 of the Code of 1876 so as to make it a misde- 
meanor to burn any forest of another negligently, the pre- 
vious law having been Umited to the negligent firing of a 
pine forest used for the procuring of turpentine. 

Two laws were enacted in Colorado in 1885, one provid- 
ing new penalties for the willful or negligent firing of the 
woods and severe penalties for the leaving of a camp fire 
unextinguished, ^ the other authorizing county commis- 
sioners and road overseers to arrest offenders against the 
laws for the protection of the forests of the state. - 

A Kansas act of March 6, 1885 ^ provided that in all 
actions against railroad companies for damages caused by 
fires, the proof that the fire had been set by a locomotive 
and that damage had resulted was to con^stitute prima facie 
evidence of neghgence on the pai^t of the railroad com- 
pany. 

An Ohio act of April 9, 1885 * required that all companies 
operating railroads within that state should equip every 
locomotive with some device to guard against the emission 
of fire and sparks, which device must be kept in good re- 
pair and used during all months of the year except Decem- 
ber, January and February. A penalty of one hundred 
dollars was provided for a violation of the act, and the court 
of common pleas of each county was specifically empowered 
to enjoin the use of any locomotives not properly equipped. 

On May 15, 1885 ^ the first comprehensive act for the 
establishment, maintenance and protection of state forests 
was enacted in the State of New York. For the care and 
protection of the extensive forest preserve created by this 
act provision was made for a warden, forest inspectors, 
foresters and others, under the general direction of the 
state forest commission, and all of these officers" were em- 
powered to arrest without warrant anyone found violating 
the provisions of the act. Outside of the preserve as de- 
fined by the act, town supervisors were made protectors 
of state land, subject to the instructions of the commission, 



1. Act Mar. 27, 1885. S. L., Colo., p. 164. 

2. Act Apr. 4, 1885, S. L., Colo., p. 299. 

3. Session Laws, Kansas, 1885, eh. 155, p. 258. 

4. Session Laws, Ohio, 1885, p. 118. Same in Gen. Code, Ohio, 1910. sees. 8966 and 

8967. 

5. Session Laws. N. Y.. 1885 ch. 283, p. 482. 



30 FOREST LAW IN AMERICA 

with the duty of reporting all violations of law or regulations 
to the district attorney. In towns in which the commis- 
sion deemed it necessary, they might require the supervi- 
sor to appoint one or more forest guards who should per- 
form such duties and have such pay as the commission 
might determine. 

Every supervisor of a town in the state, not within the 
preserve counties, was to be ex-officio fire warden, with 
authority to divide towns into districts and appoint a warden 
in each, and to prepare a town fire map at an expense of 
five dollars. Town fire wardens were to receive not over 
two dollars a day for actual services as a town charge, and a 
fine of from five to twenty dollars might be imposed for a 
refusal of anyone to obey a summons to assist in fire control. 
Within the forest preserve counties all state forest officials 
were to have the powers and duties of justices of the peace, 
supervisors and commissioners of highways, under the exist- 
ing law, as to the control of forest fires. Wardens and 
supervisors were authorized to destroy fences, plow land, 
or in case of great danger, set backfires, without liabihty 
for trespass. They were required to report all fires of over 
one acre in extent to the commission, with a statement of 
the damage, and the commission was required to make a 
consohdated fire report to the legislature annually. A fine 
of five dollars was prescribed for the destruction of notices 
regarding fires. 

Railroad companies operating through waste or forest 
land, or lands liable to be overrun by fires, were required 
to burn off with proper care, or otherwise remove from 
the right of way, all grass, brush or other inflammable 
material twice each year. Within one year from the pas- 
sage of the act, every locomotive on such railroads was re- 
quired to be provided with a screen for the stack and a pro- 
tective device for the ash pan. Employees of railroads were 
forbidden to dump live coals in or near forest areas, and 
required to report at the next stop any fire discovered on or 
near the right of way. Railroad companies were required 
to employ extra trackmen in dangerous periods, and they 
and their employees were made liable to a fine of one hun- 
dred dollars for any violation of the act. 



FIRE LEGISLATION BETWEEN 1885 and 1890 31 

The willful or negligent setting of a fire on waste or forest 
land belonging to the state or to another person, whereby 
the said forest was injured or endangered, or the suffering 
of a fire to spread from one's own land to the injury of the 
woodlands of another or of the state might be punished by a 
fine of not less than fifty nor more than five hunf'dred dol- 
lars, or by imprisonment not less than thirty days nor more 
than six months. The offender was also liable in a civil 
action for all damages caused by the fire. 

In 1886. A Wyoming act of March 8, 1886 ^ required 
every railroad company operating trains within that state 
to plow a six-foot strip along each border of its right of way 
each year between July first and September first, except within 
towns and cities and in mountainous districts where the 
plowing was impracticable or unnecessary. Any company 
that should fail to plow strips as required was made liable 
for all damage that should be caused by its locomotives, 
and for a fine of one hundred dollars for each mile or frac- 
tion thereof not plowed. 

A Connecticut act of March 30, 1886 ^ imposed a fine 
or imprisonment for the setting of a fire on public land or 
on the land of another without permission, the kindling of a 
fire on one's own land without first clearing away all com- 
bustible material for a distance of six feet from where the 
fire was to be set, or the leaving of a fire unextinguished or 
uncovered. Fires kindled by the throwing down of a hghted 
match, cigar or other burning material were declared within 
the provisions of the law. 

A Massachusetts act of June 16, 1886 ^ required the 
selectmen of all towns to appoint fire wards annually in 
March or April, or to act themselves as such, for the con- 
trol of forest fires, and authorized them to hire others to 
assist in suppressing fires. 

In 1887. The year 1887 witnessed the enactment of a 
new law in Idaho Territory ^ making the leaving of a camp 
fire unextinguished or the setting of a fire by a railroad un- 



1. Session Laws. Wyo., 1886, ch. 50, p. 106. 

2. Session Laws, Conn.. 1886, ch. 88. 

3. Session Laws. Mass.. 1886, ch. 296. p. 256. 

4. Act Feb. 10. 1887, sea Rev. Stat. Ida., 1887. sec. 6921. 



32 FOREST LAW IN AMERICA 

lawful; one in Dakota Territory ^ extending to the entire 
territory the act of February 11, 1881 - making it unlawful 
to set a fire in the open and not control it, or to leave a 
camp fire unextinguished; and one in Missouri ^ giving 
railroad companies an insurable interest in property along 
their right of way for which they were held responsible 
under the railroad fire law. In 1887 Colorado "* amended 
its existing law regarding fire damage caused by railroads, 
by providing for the appointment of appraisers by the 
party injured and by the ra^ilroad to ascertain the damage 
caused by fire. Although the law provided that the fimding 
of these appraisers might be accepted as evidence of the 
damage, the appointment of an appraiser by a railroad 
company was not to be construed as an admission of ha- 
bihty. 

A California act of 1887 ^ gave forest officers the authority 
of peace officers in making arrests for offenses against 
forest laws. The same year the legislature of Delaware ^ 
passed a new and more stringent act regarding the unlawful 
firing of the woods. 

A Pennsylvania act of 1887 ^ providing for the exemption 
from taxation of private forest plantations, imposed a fine 
of not over one hundred dollars for the "Idndling of a fire 
on forest land, or the carrying of a naked torch, candle, 
lamp, or other fire, or discharging fireworks" upon the land 
of another without his consent. 

A Tennessee act, approved March 29, 1887 ^ made it 
a misdemeanor to violate any of the provisions of chapter 
25 of the North CaroHna laws of 1777, which was still in 
force in Tennessee, and imposed a fine of not less than five 
nor more than fifty dollars in addition to the forfeit of one 
hundred dollars and the payment of actual damages as 
provided by section 1704 of the Code of 1858 and section 
2278 of the Code of 1884. 

In 1888. A New Jersey act of March 23, 1888 ^ was sub- 



1. Act Mar. 11. 1887. S. L., Dak. Terr., ch. 12.3, p. 305. 

2. Session Laws, 1881, Dak. Terr., ch. 106, p. 174. 

3. Act Mar. 31, 1887, S. L., Mo., p. 101. 

4. Act Mar. 31. 1887. S. L.. Colo., p. 368. 

5. Session Laws, Calif., 1887, ch. 35, p. 46. 

6. Act April 18, 1887. S L., Del. Vol. 18, ch. 93. 

7. Act .Juno 1, 1887, S. L.. Penn. p. 287. 

8. Session Laws, Tenn. 1887. ch. 234. p. 395. 

9. Session Laws, N. J., 1888, p. 245. 



FIRE LEGISLATION BETWEEN 1890 and 1900 33 

stantially the same as the Pennsylvania act of June 2, 1870, 
for the suppression of forest fires, but was Hmited to towns 
whose woodland was equal to forty per cent of the total 
area of the town. 

LEGISLATION ENACTED BETWEEN 1890 AND 1900 

In New York. On February 25, 1890 ^ chapter 283 of 
1885 was amended. In towns outside of the preserve the 
supervisor, who was ex-officio fire Warden, might create 
two or more districts and appoint a warden in each. A 
description of the boundaries of each district must be re- 
corded in the town clerk's office, and the supervisor might 
have a fire map prepared at a maximum cost of five dollars. 
"Wardens were to receive not exceeding two dollars per 
day and those assisting them one dollar for fire control. 
Within the forest preserve counties the forest commission 
was to appoint wardens who should be subject to all the 
provisions applicable to supervisors and district wardens. 
A fine of from five dollars to twenty dollars might be im- 
posed for any failure of a citizen to respond to fire summons. 

In a general act of the same year - regarding towns, it 
was made the duty of justices of the peace, supervisors and 
commissioners of the highway in each town to order out 
the inhabitants liable to work on the highway and residing 
in the vicinity of any forest fire to assist in extinguishing it. 

The new forest administration act of April 7, 1893 ^ 
gave to all state forest officers and employees the same au- 
thority within any town in the forest preserve as justices 
of the peace, supervisors and commissioners of highways 
had in other towns of the state as to ordering out persons 
to assist; and it was declared that all fire wardens should 
be exempt from an action in trespass for destroying fences, 
plo"«ang furrows, and setting back fires as necessary to 
control a forest fire. The compensation of those assisting 
at a fire was raised to not over two dollars per day. The 
supervisors of towns not within the preserve in which the 
state owned wild or forest land were made the protectors 



1. Session Laws, N. Y., 1890, ch. 11. p. 20. 

2. Session Laws, N. Y.. 1890, ch. 569, sec. 82, p. 1223. 

3. Session Laws, N. Y.. 1893, ch. 332, p. 633, sec. 107-120. 



34 FOREST LAW IN AMERICA 

thereof, subject to the instruction of the forest commission, 
and were required to report all acts of spoliation to the 
county district attorney, and to advise the commission of 
the action taken. The commission might require the ap- 
pointment of one or more forest guards in such towns and 
prescribe their duties, and also appoint wardens in towns 
of forest preserve counties with the same powers as super- 
visors. All fires covering over one acre were to be reported 
with a statement of the damage done. 

Section 107 required that from the right of way of all 
railroads passing through waste or forest land all inflammable 
material must be removed twice each year; that all loco- 
motives be equipped with efficient devices to prevent the 
escape of fire from furnaces or ash pans and with a netting 
of steel or iron over the stack; that no Uve coals be deposited 
along the track; that engineers and trainmen report all 
fires at the next telegraph station, and that the one in charge 
of such station immediately report the information to the 
nearest warden or forester. In seasons of drought, railroad 
companies were required to employ sufficient trackmen to 
extinguish fires and to concentrate their employees for 
assistance in the control of any fire along the road. A for- 
feit of one hundred dollars was fixed for any violation of 
the provisions of this section. Section 113 contained the 
same provisions as the act of 1885 as to the willful or negh- 
gent burning of waste or forest land except that the pro- 
visions for imprisonment were omitted. 

An act of May 11, 1893, ^ amending the penal code of the 
state, declared every one guilty of a misdemeanor who 
should (1) wilfully or negh gently set a fire on the land of 
another or of the state whereby damage was suffered, (2) 
negligently fire his own lands in such manner as to endanger 
another, (3) negligently suffer a fire lawfully set upon his 
own land to spread so as to injure another, (4) or fail, 
without lawful excuse, to assist in controlling a fii'e in the 
woods to which he had been lawfully summoned. 

The new forest, fish and game law of April 25, 1895 ^ 
contained, in sections 275 to 282 inclusive, the identical pro- 
visions of sections 107 to 114, inclusive, of chapter 332 of 



1. Session Laws, N. Y., 1893, ch. 692, p. 1721, sec. 413. 

2. Session Laws, N. Y.. 1895 ch. 395, p. 237. 



FIRE LEGISLATION BETWEEN 1890 and 1900 35 

1893, except that the words "the board of fisheries, game 
and forests" were substituted wherever the words "the 
forest cominission" occurred in the earher law. 

On May 14, 1896 ^ sections 276 to 281, inclusive, of 
chapter 395 of 1895 were revised and amended to require 
the board of fisheries, game and forests to appoint a fire 
warden in each town of the forest preserve counties and in 
towns where there was much exposure, or when directed 
by the state board, such warden must divide the town into 
districts and appoint a warden in each, whose names and 
addresses, with a description of their districts, must be 
recorded with the town clerk. A fire map of each town 
costing not over ten dollars was authorized, the failure of 
anyone to answer a summons to forest fire duty was fixed 
at ten dollars, and fuU authority to enter any land and take 
the action necessary to stop a fire was reiterated. Wardens 
were to receive two dollars and fifty cents per day, and 
those summoned two dollars, of which the state and town 
were each to pay one-half. The maximum penalty for a 
willful or negligent firing of the lands of the state or of 
another person, or of neghgently allowing fire to spread, 
was fixed at a fine of two hundred and fifty dollars or im- 
prisonment for one year, and the offender was hable civilly 
for all damages. ^ 

Section two hundred eighty-one in the law as amended 
made it unlawful to light a fire for clearing land, burning 
fallows, stumps, logs, or fallen timbers, in certain desig- 
nated towns of the Adirondack and Catskill region from 
April first to June tenth, or from September first to Novem- 
ber tenth, and required a notice of three days to a fire 
warden and his written permission for any such fire set 
between June tenth and September first. If such fire was 
to be set near woodland it was the duty of the warden to be 
present and to prevent the firing if the wind would make it 
dangerous, or until the person desiring to set the fire had 
sufficient help there to control the fire. The towns were 
made hable for such services of a warden, but the state was 
to reimburse them for one-half of the cost. A maximum 



1. Session Laws, N. Y.. 1896. ch. 6.55, p. 690. 

2. The penalty under sec. 2S1 of cli. 39.5 of 1S95 had been $.50 to $.500 to the state, 

and civil liability for all damages, but vrith no provision for imprisonment. 



36 FOKEST LAW IN AMERICA 

penalty of three hundred dollars was provided for a viola- 
tion of this section. 

Ohio. An Ohio act of March 24, 1890 ^ required all 
companies operating railroads within that state to keep 
the right of way clear of combustible material and, upon 
failure of a company, after twenty days' written notice, to 
remove such material, an abutting owner might remove it 
and collect a reasonable amount for such service. An act 
of April 26, 1894, - declared that the setting of a fire by a 
locomotive was to constitute prima facie evidence of negli- 
gence. 

Oklahoma. A general act of December 11, 1890 ^ in 
Oklahoma was sufficiently broad to include the firing of 
the woods within its provisions for penalties. 

Washington. A Washington act of March 15, 1890 ^ 
imposed a fine of from fifty to five hundred dollars and im- 
prisonment for a period of from three months to one year 
for the ofi'ense of mahciously and wantonly firing the lands 
of another or of wilfully or negligently permitting a fire 
to escape to the lands of another; and an act of March 7, 
1891 ^ declared that anyone who should wilfully and 
deliberately set fii'e to wooded land or forest belonging to 
the state or to the United States, or fail to extinguish a fire 
accidentally set upon, or so as to endanger, such land, or 
should neglect a fire, set for a lawful purpose, so as to 
burn such lands should be held guilty of a misdemeanor 
and be subject to a fine of not over one thousand dollars 
or imprisonment for one year, or both. All fines under this 
act were to be used for the benefit of the public school. 

South Carolina. A South Carolina act of December 16, 
1891 ^ made it unlawful to carry a lighted torch, chunk, or 
coals of fire over or across any enclosed or unenclosed lands 
of another without a special permit from the owner under a 
penalty of thirty days or one hundred dollars. 



1. Session Laws, Ohio, 1S90, p. 99. Same in Gen. Code, Ohio, 1910, sees. 8968 and 8069. 

2. Session Laws, Ohio. 1894, p. 187. 

3. Session Laws, Olihilioma. 1890. See Stats. Okla., 1890, sec. 2518. 

4. Session Laws, Wash., 1890, p. 127, sec. 9. 

5. Session Laws, Wash., 1891, ch. 122, p. 226. 

6. Session Laws, S. C, 1891, No. 676, p. 1045. 



FIRE LEGISLATION BETWEEN 1890 and 1900 37 

Wyoming. A Wyoming act of January 8, 1891 ^ re- 
quired every railroad company to burn all inflammable 
•material along its right of way between September first and 
November first of each year, with liability for all damages 
and for a penalty of one hundred dollars for each mile not 
bm'ned. The act provided that the burned strip need not 
extend more than two hundred feet from the track on either 
side. 

North Dakota. A North Dakota act of March 9, 1891 ^ 
aimed to reduce the loss from prairie and brush fires by 
authorizing each board of county commissioners to appro- 
priate county funds for the purchase of equipment for 
fire breaks, and to divide the county into districts and ap- 
point a fire warden in each. Road commissioners and fire 
wardens might call out all persons subject to a road tax to 
assist in making fire breaks, and those failing to respond 
might be fined from ten to twenty-five dollars. Railroads 
were required to burn or otherwise destroy all combustible 
material in their right of way. The wilful, negligent or 
careless firing of the woods, grain, or other combustible 
material was declared a misdemeanor, for which a fine of 
five hundred dollars, or one year's imprisonment, might be 
imposed. 

On March 6, 1893 ^ the legislature of North Dakota 
enacted a law which declared that the fact that a fire had 
been set by a railroad locomotive was to constitute prima 
facie evidence of a defect in equipment or, of neghgence 
in its use, and made railroads liable for all fire damage un- 
less the same had resulted through the negligence of the 
one injured. 

Maine. On March 25, 1891 "* Maine established a sys- 
tem of forest fire protection. The selectmen of organized 
towns, or special wardens in unorganized towns, were 
each to have charge of a fire district, and were authorized 
to call out residents under penalty of a fine for refusal, but 



1. Session Laws, Wyoming, 1S91, cli. 34, p. 136. See Comp. Laws 1910, sec. 4203- 

4205. 

2. Session Laws, North Dakota, 1891, ch. 93. See also Act Mar. 9, 1897, S. L., ch. 80; 

Act Feb. 24, 1899, S. L., ch. 122. and Compiled Laws, 1913, sec 2801-2808. 

3. Session Laws, N. D., 1893, ch. 102, p. 227. See Smith v. N. P. Ry. Co., 3 N. D., 

17, 53 N. W. 173, holrflng the presumption of negligence under this act one of 
law and not for jury to determine. 

4. Session Laws, Me., 1891, ch. 100, p. 90. 



6Q FOREST LAW IN AMERICA 

no town was required to expend more than two per centum 
of its valuation for taxation purposes. Hunters were re- 
quired to use non-combustible wads, and all camp fires 
must be extinguished. Forest officers were required to 
report all fires covering over one acre in incorporated towns, 
or two acres in unorganized districts. 

The right of way of every railroad operated through waste 
or forest land must be cleared of all combustible material 
annually ; locomotives must be provided with spark arrest- 
ers; railroad employees were forbidden to deposit live coals 
in forest areas, and required to report every fire at the next 
telegraph station. Railroad companies were made pri- 
marily liable for all damages to forests caused by employees 
engaged in construction or maintenance work or in the 
operation of trains. A fine of five hundred dollars and sixty 
days' imprisonment might be imposed on an employee for 
violation of the act, and the railroad company was liable 
to a fine of one hundred dollars for each violation. 

This act was amended on March 9, 1893 ^ so as to make 
the appointment of wardens in unorganized districts man- 
datory. A Maine act of 1891 ^ made fish and game wardens 
fire wardens, and one of 1899 ^ forbade non-residents of the 
state to camp and kindle fires, except under the direction of 
a registered guide, during certain months. 

New Hampshire. The frequency of forest fires in New 
Hampsliire led to the enactment of a law on April 11, 1891 * 
authorizing the payment by the state of a reward of one 
hundred dollars to anyone who should furnish evidence 
leading to the conviction of any person who had wilfully, 
maliciously, or through criminal carelessness, caused any 
damage by fire in any forest, woodlot, pasture or field. 
Section three of the New Hampshire act of March 29, 1893, ^ 
estabhshing a forestry commission, contained substantially 
the same provisions as the Maine act of 1891 regarding fire 
wardens and their duties. 

New Jersey. By act of March 23, 1892 ^ township com- 

1. Session Laws, Me., ch. 192, p. 207. 

2. Session Laws, Me., ch. 108. 

3. Session Laws, Me., ch. 42. 

4. Session Laws, N. H., ch. 55, p. 365. (1891). 

5. Session Laws, N. H., 1893, ch. 44, p. 36. 

6. Session Laws, N. J., 1892. ch. 119, p. 205. 



FIRE LEGISLATION BETWEEN 1890 and 1900 39 

mittees of towns in New Jersey having a population of 
less than fifty thousand were authorized to employ persons 
as should be necessary to extinguish forest fires, and the 
electors of such towns were enabled to vote such sum as 
should be needed for this employment. An amendment 
of May 14, 1894 ^ provided that where a town had voted 
money for fire protection, the town committee should ap- 
point a fire marshal at a fixed per diem, who might appoint 
a deputj^ It was made the duty of the marshal to assume 
the direction of the work of extinguishing any forest fire 
in his town. 

A general act regarding the powers of townships in New 
Jersey, approved March 24, 1899, - repealed the acts of 
March 23, 1892 and May 14, 1894 regarding forest fires 
in counties of the third and fourth classes. This act pro- 
vided that in any town that had raised money for the ex- 
tinguishment of forest fires, it was the duty of the township 
committee to appoint a suitable person as fire marshal and 
determine his per diem. The marshal might appoint a 
deputy to act in his absence. Whenever advised of a fire 
in his town, or in an adjoining one imperiling his own, it 
became the duty of the marshal to assume absolute di- 
rection of all efforts to control the fire and to appoint aides 
who should receive such compensation as the township com- 
mittee should determine for services in their own town or in 
an adjoining one. Each township committee was authorized 
to have a fire map of the town made at town expense. 

Oregon. On February 20, 1893 ^ a comprehensive act 
regarding forest fires was enacted in Oregon. This act es- 
tablished a fine of from twenty dollars to one thousand 
dollars, or imprisonment from three months to a year, for 
the mahcious setting of a fire; ten dollars to one hundred 
dollars for the setting of a fire on the land of another, with- 
out his consent, if any damage were caused. 

Hunters and fishermen who built fires on the land of 
another without his consent (no mention of damage in 
section) could be fined from ten to one hundred dollars, 



1. Session Laws, N. J., 1894, ch. 194, p. 298. 

2. Session Laws, N. J., 1899, ch. 169, p. 372, sec. 54, 55 and 56; for repeal see p. 421. 

3. Session Laws, Ore., 1893, p. 45. 



40 FOREST LAW IN AMERICA 

and if any such fire were set with the purpose of injuring 
another, a fine of not less than twenty dollars, or not over 
two hundred and fifty dollars, and imprisonment from 
three to twelve *months, might be imposed. The willful 
firing of the land of the state, of the United States, or of 
another person, was declared a misdemeanor, subject to a 
maximum penalty of one thousand dollars and imprison- 
ment for one year. The net collections in fines were to be 
divided equally between the informer and the county where 
the action was brought. 

This act was amended on February 18, 1899 ^ to make 
the fines payable to the state, and to give state forest and 
game officials the power to arrest without warrant offenders 
against the forest laws of the state. The latter act required 
the governor to appoint a state game and forestry warden 
for a term of four years, at a yearly salary of twelve hun- 
dred dollars and expenses not exceeding five hundred dol- 
lars, and provided for other officials at state expense. 

South Dakota. A South Dakota act of March 4, 1893 ^ 
authorized railroad companies to go outside of their right 
of way to plow a fire guard upon adjoining lands by giving 
due notice to the owners thereof, and provided for an as- 
sessment of damages by three jurors drawn by the sheriff 
for such duty. Railroads were given authority to burn 
fu'e guards not exceeding two hundred feet on either side 
of the right of way tlirough state land. 

Wisconsin. A Wisconsin act of April 17, 1895, ^ making 
the chief clerk of the state land office and his assistant ex 
officio state forest warden and deputy state forest warden, 
respectively, without additional compensation, placed upon 
town supervisors and road superintendents the duty of 
acting as town fire wardens, with extra compensation at 
one dollar and fifty cents per day. They were to report all 
fires to the state warden, and were authorized to employ 
persons at town expense to assist in preventing or extin- 
guishing fires, but no warden was to be allowed over fifteen 



1. Session Laws, Orogon, 1899, p. 136, sec. 15. 10, 21 and 22. 

2. Session Laws, S. D., 1S9:5. oil. 90. See Civil Code 1903, sec. .516. (Railroads must 

make a fire guard outside their right of way.) Of. Kentucky Act, 1893. 

3. Session Laws, Wis., 1895, ch. 266, p. 522. 



FIRE LEGISLATION BETWEEN 1890 and 1900 41 

days, nor assistant over five days in one year, and the 
total annual expense in any one town was not to exceed 
one hundred dollars. Penalties of not over one hundred 
dollars, or one month's imprisonment, or both, might be 
imposed, with liabihty for damages, for the wilful or negli- 
gent setting of a fire or the leaving of one burning, and except 
as should be necessary for camp purposes, no one should build 
a fire in the forest during the months of July, August, Sep- 
tember and October in any town where notices were posted 
without the written permission of a fire warden. All per- 
sons building necessary camp fires were required to exercise 
due care, and to extinguish the fire before leaving, under 
penalty of not less than thirty dollars or imprisonment for 
not over six months. 

Raikoad companies were required, under hability for a 
fine of one hundred dollars, to clear all inflammable material 
from their rights of way at least once each year, and to use 
spark arresters sufficient to prevent the setting of fire "so far 
as could reasonably be done." Railroad employees were re- 
quired to avoid dropping live coals near forest land, and to 
report at the next telegraph station any fires discovered on 
or near the right of way. The companies were required 
to instruct trackmen to extinguish fires, and to concentrate 
them for control of fires of considerable size. 

On April 27, 1897 ^ chapter two hundred and sixty-six 
of 1895 was amended to require the state forest warden to 
report all offenses to the county district attorney, to ap- 
point at least one forest warden in each organized town who 
should attempt to suppress all fires in his own town or 
within eighty rods of its borders when threatening his 
town. He might summon residents at the expense of the 
town at not over twenty cents per hour, but the total an- 
nual cost for thirty-six sections must not exceed one hun- 
dred dollars. A fine of ten dollars was fixed for the failure 
of a warden to perform his duty, or of anyone lawfully sum- 
moned to fail to report at a fire. Wardens were required to 
report fires yearly, or oftener if requested by the state 
warden. 



1. Session Laws. Wis., 1897, ch. 362, p. 932. Cf. Wisconsin St. 1898, sec. 1636a. 
(Supervisors to declare closed period.) 



42 FOREST LAW IN AMERICA 

The provision in the act of 1895 forbidding the building 
of fires during July, August, September and October, mth- 
out a permit, was omitted. In lieu of this it was provided 
that at any time that the wardens of a town believed it 
dangerous to build fires, they should post notices forbidding 
fires. The building of fires thereafter in such town, without 
a permit, except to warm food, was unlawful. The penalty 
for the leaving of a necessary camp fire was increased to 
fifty dollars, or six months in jail. Railroad operators were 
required to clear their right of way twice yearly, and to 
transport wardens free of charge for purposes of inspection 
as to their comphance with the law. The expenses of the 
state warden and his assistant were to be allowed, and an 
additional compensation of three hundred dollars might be 
allowed the chief clerk. 

An act of April 26, 1899 ^ required the secretary of state 
to designate one of the clerks of the land commissioners as 
state forest warden, and one of May 4, 1899 - limited the ap- 
portionment of fire wardens by the state forest warden to 
one or more in certain named counties, except that wardens 
might be appointed in any town of other counties upon the 
request of the town board of supervisors. 

Minnesota. The first progressive forest fire legislation 
in Minnesota was the act of April 18, 1895. ^ This act 
authorized the state auditor, who was to be ex-officio forest 
commissioner, to appoint a deputy at an annual salary of 
twelve hundred dollars as chief fire warden. The state fire 
warden was to have general authority over all fire wardens 
of the state. Supervisors of towns, mayors of cities, and 
presidents of villages, were authorized as fire wardens to 
summon persons over eighteen years of age to assist in the 
extinguishment of forest fires, with a maximum penalty of 
one hundred dollars, or three months in jail, for a refusal 
to respond. These wardens, and those appointed by the 
chief warden, especially for forest duties, were paid at the 
rate of two dollars per day for not over fifteen days annually 
two- thirds by the county and one- third by the state. They 



1. Session Laws, Wis., 1899, ch. 258, p. 425. 

2. Session Laws, Wis., 1899. ch. 35.3. p. 662. 

3. Session Laws, Minn., 1895, ch. 196, p. 472. 



FIRE LEGISLATION BETWEEN 1890 and 1900 43 

were required to report all fires, and authorized to arrest 
without warrant, persons detected violating the forest law. 
The wages of those called out specially at the rate of one 
dollar and fifty cents per day for not over five days annually 
was to be paid by the counties, but the annual expenditure 
of public funds by a county for fire protection purposes was 
limited to five hundred dollars. Fines and imprisonment 
were provided for the offenses of wilfully or neghgently 
firing the woods, and also for the use of combustible wads 
in hunting, or the building of a fire or carrying of a naked 
torch so as to cause risk of fire. 

The act made it the duty of all railroad operators to use 
efficient spark arresters and keep their right of way clear 
of combustible material for fifty feet on each side of the 
center of their track between April fifteenth and December 
fiirst of each year. Employees of railroads were forbidden 
to dump live coals or ashes along the tracks, and were re- 
quired to report all fires at the next telegraph station. In 
times of drought railroad companies must use especial 
care, post placards, and concentrate help in case of fire. 
Cross ties might be kept along the track. For any viola- 
tion of the act a railroad company was liable to a fine not 
exceeding one hundred dollars, and an employee from five 
to fifty dollars. Threshing engines were also required to 
have spark arresters under penalty of a fine of from five to 
fifty dollars. All fines collected became a part of the fire 
fund of the county in which they were collected. 

Pennsylvania. On March 30, 1897 ^ the legislatiu-e of 
Pennsylvania imposed upon all town constables the duty 
of acting as fire wardens, with authority to summon resi- 
dents of the township to assist them, under a fine of ten 
dollars or imprisonment for thirty days, or both, for a re- 
fusal to aid. The constables were to be paid fifteen cents 
per hour, and those assisting twelve cents per hour, one- 
half by the county and one-half by the state, but no county 
was required to pay over five hundred dollars annually. 
Constables were hable to a fine and imprisonment for fail- 
ure to perform duties. An act of April 29, 1897 ^ authorized 



1. Session Laws, Pa., 1897, No. 7, p. 9. 

2. Session Laws, Pa., 1897, No., 25, p. 29. 



44 FOREST LAW IN AMERICA 

constables and other peace officers to arrest without war- 
rant persons reasonably suspected of offending against the 
laws for the protection of timberland. An act of July 15, 
1897 ^ amended the act of June 2, 1870 so as to require 
the punishment of corporations, as well as persons; declared 
the commissioners of a county hable to fine and imprison- 
ment for a failure to perform their duty, and provided that 
the state should pay one-half of the expenses incurred. A 
game law of March 22, 1899 ^ gave to constables the same 
power to arrest those setting forest fires as was conferred 
by the act of April 29, 1897, but did not mention the earlier 
act. 

Massachusetts. A Massachusetts act of April 9, 1897 ^ 
provided that in any town that should have ac- 
cepted the provisions of the act at a meeting duly called 
for such purpose, the selectmen should annually appoint a 
forester for a term not exceeding one year to have the care 
of all public shade, ornamental and forest trees. The 
forester thus appointed in any town was to be the chief 
forest fire ward for the town and might appoint such depu- 
ties as he should deem expedient. The powers and duties 
imposed upon forest fire-wards by chapter two hundred and 
ninety-six of the laws of eighteen hundred and eighty-six 
were vested in these foresters. They were given authority 
to summon all males between eighteen and fifty years and 
to require the use of wagons, horses and other property in 
the suppression of forest fires under penalty of a fine or 
imprisonment for a refusal or neglect to complj^ It was 
made their duty to post notices, the defacement of which 
was punishable by a fine of ten dollars, and to other^Nase 
attempt to prevent forest fires. Foresters, their deputies, 
and those working under their direction were to receive 
such compensation as the voters of the town, or the select, 
men should determine. The law made it a misdemeanor, 
punishable by a fine of one hundred dollars and imprison- 
ment for not over one month to leave an unextinguished 
fii-e upon the land of another and the willful setting of a 



1. Session Laws, Pa., 1897, No. 228. p. 295. » 

2. Session Laws, Pa., 1899, No. 14, p. 17. 

3. Session Laws, Mass. 1897, cb. 254 p 225; Same in Rev. L. 1902 ch. 32, sees. 16-25. 



FIRE LEGISLATION BETWEEN 1890 and 1900 45 

fire or the negligent permitting of it to escape to the land 
of another to his injury made the offender liable for all dam- 
ages in addition to the penalties above named. It was made 
unlawful to set a fire in the open air between April 1 and 
*■' October 1 of each year, except with the written permission 
of a forester or one of his deputi.es, under pain of the penal- 
ties named above. One-half of each penalty was to be paid 
to the complainant and one-half to the town. Any forester 
faihng to perform his duty under the act was made liable 
to the same penalties. 

Any town accepting the provisions of the act was authori- 
zed to appropriate annually, for the prevention of forest 
fires, any sum not exceeding one-tenth of one percent of 
the assessed valuation of the town, such sum and the fines 
collected to be expended by the forester, under the super- 
vision of the selectmen, in the preparation of fire hnes or in 
other ways of preventing the spread of forest fires. Towns 
might even use such funds for the taking of woodland in 
furtherance of the purposes of the act. 

Michigan. A Michigan act of May 29, 1897^ author- 
ized any town board to prohibit the setting of fires during 
periods when they considered the fire danger unusual and 
to prescribe rules regarding the setting of fires. The setting 
of a fire during the prohibited period, except under a permit 
from the board, was made a misdemeanor. This act also 
declared that subsequent to its passage the setting of any 
fire in the open in that state north of the forty-fourth parallel 
of latitude without at least one day's notice to all adjoining 
owners should constitute prima facie evidence of negligence. 

Florida. A Florida act of May 31, 1897 ^ made it a 
misdemeanor to set a fire in wild forests or woods of Santa 
Rosa county at any time of the year, except on one's own 
land with due diUgence to confine the fire and with advance 
notice to all persons hving within one mile of the place to 
be fired; and an act of May 11, 1899 ^ imposed a maxi- 
mum fine of five hundred dollars, or imprisonment for 



1. Session Laws, Mich., 1897, No. 189. 

2. Session Laws, Pla., 1897, ch. 4.598, cf. R. R. flrs Act, S. L. Fla., 1891,' eh. 4071. 

3. Session Laws, Fla., 1899, ch. 4812. 



46 FOREST LAW IN AMERICA 

ninety days, for the firing of wild lands in Osceola County 
at any time except in February and March of each year, 
provided that one might fire his own land under proper 
precautions and after due notice to all persons living within 
one mile. 

Nebraska. A Nebraska act, effective July 10, 1897, ^ re- 
quired railroads to mow their rights of way each year be- 
tween July fifteenth and August fifteenth, failing which the 
adjoining owner might mow subsequent to August fifteenth 
and collect therefor from the railroad; and one of March 
28, 1899, - amended the law reg-arding the setting of fires 
in the woods or prairies as it had existed for more than two 
decades, by subsitituting the words "in any part of this 
state" for the words "in the inhabited parts of this state," 
and by declaring the willful or neghgent setting of fires 
a misdemeanor. 

Colorado. A Colorado game law of April 27, 1899 ^ 
made it unlawful for anyone to set fire to timber or grass 
on lands of the state or the United States, or where it was 
hable to spread thereto, or to leave a camp fire unextin- 
guished, and every officer having duties in connection with 
the Federal timber reserves was given the authority of 
the deputy wardens provided for in the act as to arresting 
without warrant offenders against the provisions of the act. 

Kansas. A Kansas act of April 4, 1899 ^ authorized 
the construction of fire guards along roads in counties hav- 
ing a popolation of less than five thousand, upon petition of 
a majority of the electors of any town. Those guards, con- 
sisting of two plowed strips six feet wide, were to be within 
the highway unless the adjacent owner consented to a loca- 
tion upon his land without compensation, were to be plowed 
yearly and cultivated or burned over in the autumn if the 
county commissioners so directed. Persons liable to a poll 
tax were required to assist in construction thereof. 



1. Session Laws, Nob.. 1897, ch. 17. Comp. Stat. 1911, soc. 4690zl. 

2. Session Laws, Nob., 1899, ch. 97, p. 351. 

3. Session Laws, Colo., 1899, cli. 98, sec. 14, p. 188. 

4 Session Laws, Kan. 1S99, Ch. 99, p. 196 (Same in Gon: St. 1915, ISIcIntosh Sees. 
4877-83). 



CHAPTER III 

Forest Administration Legislation Enacted in 

American States During the First Sixteen 

Years of the Twentieth Century 

INTRODUCTION 

The ten year period beginning with the year 1900 was 
marked by a rapid development of pubhc interest in for- 
estrj^ Early in this decade full com:'ses in the science and 
practice of forestry were established in a number of uni- 
versities. Other universities and colleges offered instruc- 
tion in forestry subjects in connection with their courses 
in liberal arts, engineering, or agriculture, and a private 
school in forestry at Biltmore, North Carolina, drew stu- 
dents from many states. The forestry movement found an 
enthusiastic champion in the vigorous exponent of out- 
door life and of civic control of national resources who be- 
came the chief executive in September, 1901; and the two 
terms of President Roosevelt marked the crystallization of 
public sentiment regarding a national forest pohcy, and 
witnessed an astonishing expansion in the activities of the 
national forest service. An organized propaganda, liberally 
financed by the national government, aroused the public 
to the possibilities of timber exhaustion and the enormous 
annual loss caused by forest fires. 

Between 1900 and 1910 the states that had previously 
adopted laws for the protection or administration of for- 
ests found it necessary to amend their laws or to enact new 
and more comprehensive ones, and many states took their 
first real step in the estabhshment of state forests or the 
organization of an effective system of forest fire protection. 
Dm-ing this decade and the first half of the following one, not 
only did laws requiring the clearing of combustible material 

47 



48 FOREST LAW IN AMERICA 

from railroad rights of way become common, but in many- 
states laws were enacted to require those engaged in lum- 
bering operations to so care for the debris left by their 
operations as to reduce the danger from fire. As the close 
of the nineteenth century marks the end of the period of 
general pubhc indiiference to the vital importance of forest 
conservation, the legislation of the twentieth century has 
been arranged according to the alphabetical order of the 
states instead of in the chronological order of the acts. 

Alabama. The first general forest administration law 
in Alabama was approved by the governor on November 
30, 1907. ^ This act estabhshed a commission of forestry 
of seven members, comprising the governor, three other 
state officials, a member of the federal forest service, a resi- 
dent professor of forestry, and a practical lumberman. The 
commissioners were required to serve without compensation 
other than necessary expenses, to gather and publish infor- 
mation as to the forest interests of the state, and to recom- 
mend legislation. 

The governor was authorized, upon the recommendation 
of the commission, to accept gifts of land for demonstration 
and forest reserve purposes. County game and fish wardens 
were designated forest wardens with the authority of con- 
stables in arresting and prosecuting offenders against the 
laws and regulations regarding forest protection. Sheriffs 
and other executive and judicial officers of the state were 
made deputy wardens with the same power as wardens, 
and the governor was authorized to appoint as deputy 
wardens other persons desiring to serve without compensa- 
tion. Each county was authorized to appropriate two 
hundred and fifty dollars annually for the compensation of a 
forest warden, whose duty it should be to enforce all for- 
est laws and extinguish fires. 

Arizona. No real administrative forest legislation had 
been enacted in Arizona prior to the close of the year 1916 -. 



1. Session Laws, Alabama, 1907, No. 90. 

2. Seo Act Mar. IS, 1907. S. L. Ariz. 1907, ch. 51. p. 66 regarding distribution of 

funds from national forests, for amendment seeRev. Stat., Ariz., 1913, sees. 4554-55. 



ADMINISTKATION BETWEEN 1900 and 1916 49 

Arkansas. Although it has a rather comprehensive law 
regarding the logging industry, and has long had strict 
statutes regarding timber trespasses and the setting of 
fires, Arkansas had not, prior to January 1, 1917, adopted 
any administrative policy regarding its fores^ts.^ ^ 

California. By act of March 16, 1903- the California 
legislature authorized the expenditure of not over fifteen 
thousand dollars under a contract which should be made 
with the Bureau of Forestry of the national government for 
a stiidy of the forest resources of the state and the formula- 
tion of a state forest policy, provided an amount equal to 
that expended by the state be also expended by the Federal 
Bureau in the co-operative study. 

As a result of the information obtained in this study a 
state board of forestry consisting of the governor, secre- 
tary of state, attorney general and state forester was created 
by an act of March 18, 1905. ^ The forester was to be ap- 
pointed by the governor and hold office at his pleasure, but 
should be certified to the governor as a technically trained 
man. The forester, at a salary of twenty-four hundred 
dollars per annum, was made the executive officer of the 
board, and was charged with the administration of the 
state parks, the fire protective work throughout the state, 
and general forest publicity work. He was authorized to 
appoint two assistants at twelve hundred dollars each. 
The act contained very comprehensive legislation regard- 
ing the setting and control of forest fires, and required those 
operating railroads or cutting timber to take the steps 
necessary to reduce fire danger. ^ 

Colorado. In a law, passed April 10, 1901, ^ the state of 



1. Act INIay 31, 1901. S. L. No. 423 and Act May 18. 1911, S. L. No, 423, p. 366 

provide for distribution of funds from National Forests. 

2. Session Laws, Cal., 1903, ch. 155, p. 171; see additional appropriation of SIO.OOO 

bv Act Mar. 18, 1905, ch. 157, p. 152. 

3. Session l^aws, Cal. 1905, ch. 264, p. 235. See Act Mar. 18, 1907, S. L. ch. 277, p. 

346; amended Mar. 20, 1909, S.L. ch. 334, p. 550 regarding national forest revenue. 

4. Session Laws, Cal., 1909. Ch. 393. changing forester's salary to $3,000, and pro- 

viding for deputy forester at .SI, 800, and assistant forester at $1,200. 
Cf. Act Mar. 18, 1905, S. L., ch. 187, p. 183, appropriating as a forestry fund $100,- 
000 of such money as should be collected from the United States as Indian and 
Civil War claims. 

See also chapter 162 of 1901 and chapter 300 of 1903. providing for the pur- 
chase and management of a grove of redwood trees as a state parlc, and S. J. R. 
No. 15, and A. J. R. No. 14 of 1901 regarding the Calaveras Grove: and the Act 
of Feb. 6, 1911, S. L., ch. 12, providing for the management of Redwood Parlc. 

5. Session Laws Colo , 1901, ch. 83, p. 185. Cf. Act of April 4, 1887, S. L., p. 412, 

authorizing state land board to locate a state park of 640 acres at Royal Arch and 
Echo Mountain. 



50 FOREST LAW IN AMERICA 

Colorado imposed upon the State Board of Land Commis- 
sioners the duty and authority to administer all timber 
lands held by the state. The act pro\ided that no trees 
needed to conserve the snows, ice or water of any irriga- 
tion district were to be cut from any part of the public 
domain, except in accordance with the permission 
of and under the restrictions prescribed by the said com- 
missioners, who were required to maintain a record of all 
applications and obtain a full report as to the timber covered 
by each application. Trees less than ten inches in diameter 
at two feet from the ground could not be cut, except that 
trees five inches in diameter might be used for mining or 
fencing purposes Avithin the county where cut. Camping 
by residents of the state, outside the county of their resi- 
dence, in any forest district must be done under a permit, 
and non-residents of the state could lawfully camp in a 
forest district only by employing a game or forest warden. 
A Colorado act of May 27, 1911 ^authorized the state 
board of agriculture, which also acted as a state board of 
forestry, to appoint a state forester at a salary of not over 
twenty-five hundred dollars per annum, who should have 
charge of any state forest reserves later established or ac- 
quired; should collect and publish information on forestry 
subjects, act as instructor in forestry at the state agri'cultural 
college, and cooperate with the state board of land com- 
missioners and the federal forest officials in forestry work. 
He was given the special duty of assisting individuals and 
associations or corporations in the planting and care of 
trees, and required to assist sheriffs in the prevention and 
extinguishment of forest fires. 

Connecticut. A Connecticut act of June 17, 1901 - pro- 
vided for the appointment of a state forester as a member 
of the force at the state agricultural experiment station. 
The forester was authorized to purchase land suitable for 
the growth of forest trees at not over four dollars per acre, 
sow or plant trees thereon at a cost of not over two dollars 
and fifty cents per acre, and manage such areas for forest pro- 



1. Session Laws, Colorado, lon, p. 419. Ch. 1,3S, Same in Mills Ann. vSt. Rev., 1912 

hv Gabrie!,socs. 2986-3019 and in Colo, Stat. Ann. Mor. and DeSoto, sees. 2626- 
26.54 N. 

2. Session Laws, Connecticut, ch. 175, p. 1374. (1901.) 



ADMINISTRATION BETWEEN 1900 and 1916 51 

duction and the preservation of game. These lands, called 
state parks, were to be assessed for town taxation the same as 
adjoining private lands. By an amendment of June 3, 
1903 ^ the state forester was authorized to make thinnings, 
sell timber, and adopt such other measures regarding for- 
ests held by the state as should be necessary to insure a 
profitable management. This amendment designated the 
state holdings as "forests," and struck out the limitation as 
to the amount that might be expended per acre for seeding 
or planting. 

The Connecticut act of July 13, 1905, -reorganizing the 
forest fire protection system of the state made the state 
forester ex-officio state forest fire warden, and vested in 
him the authority, mth the cooperation of town selectmen, 
to select district fire wardens. 

By act of June 28, 1911 ^ the price per acre that might 
be paid for land suitable for state forests was increased to 
eight dollars, and the state forester was authorized to ex- 
change land thus purchased with adjoining owners and, 
with the approval of the governor and attorney general, to 
sell land at a price greater than the cost and interest thereon. 
On August 30, 1911,'' the board of control of the Connecti- 
cut Agricultural Experiment Station was authorized to 
designate one of the members of the station staff as assist- 
ant state forester who should act as forester and fire warden 
in the absence of the state forester. R^sponsibihty for the 
administration of the forest plantation tax exemption law 
of August 23, 1911 ^ was vested in the state forester. 

Delaware. The first forest administration act in the 
State of Delaware was approved by the governor on April 
19, 1909. 6 This act created a state board of forestry to 
consist of the governor and four other members, who should 
serve without compensation other than expenses. The 



1. Session Laws, Connecticut, 1903, cli. 132. cf. S. L. 1903, eh. 133, reqiurmg state 

geograpiiical survey to investigate state foiest resources. 

2. Session Laws, Conn., 1905, ch. 238. See also Act July 8, 1909, S. L., ch. 128, re- 

quiring Mm to determine whether a town should be exempt from fire restrictions. 

3. Session Laws, Conn., 1911, ch. 115, p. 1369. Cf. appropriation in Sp. L. Conn., 

1909, Vol. 15, p. 1048. 

4. Session Laws, Conn., 1911, ch. 227, p. 1516. , ,. ., ,„,o 

5. Session Laws, Conn., 1911, ch. 205, See also new exemption law of May 7, 1913, 

S. L., ch. 58, and .-Vet May 26, 1913, S. L., ch. 108, prohibiting further ex- 
emptions under ch. 205 of 1911. _ „ , _, ^ 

6. Session Laws, Delaware, 1909, ch. 71. Same in Rev. Code, 1915, sees. 714 

to 727. 



52 FOREST LAW IN AMERICA 

forester of Delaware College, who was made ex-officio a 
member of the board and also state forester, was given general 
supervision of aril forest interests of the state. He was re- 
quired to direct the activities of all forest wardens and 
authorized to prevent and extinguish fires. 

The governor was authorized to accept gifts of land to be 
protected and administered by the board of forestry as 
state forest reserves, and the forester was authorized to co- 
operate mth political subdivisions of the state and private 
owners in forest practice. Provision was made for the ap- 
pointment of forest w^ardens for the administration of 
forest laws. Counties were authorized to raise money for 
forest protection, improvement and management, and were 
required to pay the full cost of fire control. Penalties were 
prescribed for the willful or mahcious firing of the 
woods or the negligent permitting of one to escape, 
and the operation of locomotives and portable or 
stationaiy boilers without proper appliances for the 
prevention of fire was made a misdemeanor. All fines and 
penalties were available for general forestry purposes. 

Florida. Even at the end of the year 1916, Florida had 
made no provision for state forests or for a systematic 
protection of forests from fire. ^ 

Georgia. Although Georgia has extensive forest interests 
and provision had been made for the dissemination of 
knowledge regarding forest resources, ^ no administrative 
legislation had been enacted prior to January 1, 1917. 

Idaho. An Idaho act of March 8, 1905' regarding the 
sale of timber from state lands and the prevention of forest 
fires declared that "no trees standing on lands of the state, 
which lands when cleared of trees will not be suitable for 
cultivation and raising of crops, and no trees needed to 
conserve the snows, ice or waters of any irrigation district, 
shall be cut from any part of the public lands belonging 



1. C"f. Act Juno 3. 1007. S. L. Fla., ch. odsi, p. iss. authorizing a roport ui;on forest 

resources by geological survey estahlisiiiHl by this act. 

2. See Act Dec. 18. 1901. S. L., p. 84. consenting to national forests and Res. No. 60 

Aug. 16, 1910 favoring establishment of Appalachin National Forests; Annot 
Code, 1914. Parks, contains no state law. 

3. Session Laws, Idaho, 1905, p. 145. 



ADMIXISTRATIOIS" BETWEEN 1000 and lOlG 53 

to the state." The state board of land commissioners were 
charged with the duty of seeing that these restrictions were 
comphed with, and that brush was properly cared for when 
timber was sold and cut. If protest were made as to cutting 
in any particular area the state board could not allow trees 
less than one foot in diameter at two feet from the gi'ound 
to be cut, except that trees five inches and over in diameter 
might be used for mining or fencing in the county where cut. 
This act was superseded by one of February 15, 1907 ^ 
which required the state board of land commissioners to 
divide the state into fire districts and appoint wardens 
upon the request of timber owners; and on March 15, 1909 ^ 
amendments were made to the law imposing additional duties 
as to informing the public regarding the fire laws, as to re- 
quiring a proper disposal of slash upon cutting areas, and 
as to cooperating with private owners in fire protection. 

Illinois. A joint resolution by the Illinois legislature, 
adopted March 5, 1903, ^ requested the national depart- 
ment of agriculture to make an investigation of forest con- 
ditions Avithin the state, and to submit to the state recom- 
mendations as to the means necessary for the preservation 
of existing forest and for the extension of forest areas. No 
provision for a state administration of forest interests has 
been made. An Illinois act of May 18, 1905 ^ authorized 
the organization of forest preserve districts, each compris- 
ing a portion or all of one or more counties, and gave the 
board of commissioners of such incorporated district very 
extensive powers of taxation and general administration. 
This act was displaced by an act of June 16, 1909 '' that 
required a public hearing upon the petition for the crea- 
tion of such a district before the submission of the matter 
to a vote by the people of the proposed district, authorized 
the creation of only one forestry district in a county, re- 
duced the governing board to five members, for all of whom 
salaries were provided, and limited the power of taxation 



1. Session Laws, Idaho, 1907, p. 18. See Rev. Code, 1908, sec. 122, regarding national 

forest revenue. 

2. Session Laws, Idaho, 1909, p. 227. See Act Mar. 1.5, 1915, S. L. Ida., ch. 128, p. 273, 

regarding the establishment of land clearing districts. 

3. Session Laws, Illinois, 1903, p. 3.59. 

4. Session Laws, Illinois, 1905, p. 279. 

5. Session Laws, Illinois, 1909, p. 245. 



54 FOREST LAW IN AMERICA 

more closely. The latter act was declared unconstitutional 
on December 21, 1911, ^ mainly, upon the ground that the 
limitation to a single district in a county granted a special 
privilege to the citizens of that part of a county that should 
first be organized into a district. Both of these laws re- 
quired that a forestry district contain one or more cities, 
towns or villages, and although the titles of both acts indi- 
cated that they were measures for the promotion of forestry, 
they were in fact laws providing for the improvement of 
pleasure drives, boulevards and parks, and the preserva- 
tion of scenic and other outdoor attractions. 

A new act for the incorporation and administration of dis- 
tricts was approved by the governor of Illinois on June 27, 
1913. 2 This act confined each district to a single county, 
authorized a joint hearing upon all applications pending at 
one time and the inclusion of several areas for which appli- 
cation had been received in one district under the name 
first proposed. Areas could also be subsequently added. 
The method of administration remained substantially as 
in the act of 1909 and the purpose of such districts practi- 
cally the same, there being little indication in the language 
or provisions of the act to indicate that the practice of com- 
mercial forestry was contemplated. 

Indiana. By an act of March 1, 1901 ^a state board of 
forestry was established in Indiana. One member of this 
board of five was to be a person ha\dng special knowledge 
of forestry, two were to represent the lumber interests of the 
state, one the farming interests, and the fifth was to be 
chosen from the faculty of Purdue University. The board 
was directed to collect and pubhsh information regarding 
forest preservation and extension, and recommend plans 
for the improvement of forest conditions wdthin the state 
and the establishment of state forest reserves. No salaries 
were allowed, except to the forest expert, who w^as to be 
secretary of the board and receive twelve hundred dollars 
and a six hundred dollar allowance for expenses annually. 
An amendment of February 28, 1903 " increased the salary 



1. People V. Rinakcr, 252 111. 266. 

2. Session Laws, Illinois, 1913, p. 385. 

3. Session Laws, Indiana, 1901, ch. 49, p. 62. 

4. Session Laws, Indiana, 1903, ch. 44, p. 111. 



ADMINISTRATION BETWEEN 1900 and 1916 55 

and expense allowance of the secretary to eighteen hundred, 
and one thousand dollars, respectively, provided for a 
clerk at six hundred dollars, and allowed each of the other 
members of the board one hundred dollars annually and three 
cents mileage for attendance at meetings. An act of March 
3, 1903 ^ authorized the purchase of two thousand acres 
by the state board of forestry for forest nursery and demon- 
stration purposes. 

Iowa. No forest law other than trespass and fire laws 
and the law of April 10th, 1906, ^ providing for an exemp- 
tion of forest areas from taxation, had been enacted in Iowa 
prior to January 1, 1917. 

The act of 1906 required (in section fourteen) that the 
secretary of the state horticultural society act as state 
forestry commissioner, without additional salary, in pro- 
moting the objects of this law and in obtaining general re- 
ports upon forestry from the non-salaried county deputies 
which he was authorized to appoint. 

Kansas. As early as March 10, 1887 ^ legislative pro- 
vision had been made in Kansas for a commissioner of 
forestry, at an annual salary of twelve hundred dollars, 
who should establish and conduct two forest experiment 
stations and seek to develop public interest in forestry 
practice. 

A Kansas act of March 19, 1907, ^ repeahng the act 
of 1887, provided for the appointment of two forestry com- 
missioners to reside at and have exclusive charge of the two 
state forestry experiment stations at Dodge City and Ogal- 
lah.^ Each was charged with the duty of disseminating 
knowledge about trees. 

On March 18, 1909 ^ the act of 1907 was repealed and a 
division of forestry estabhshed at the Kansas state agri- 
cultural college. The board of regents of this college were 
authorized to appoint a state forester to have direction of 



1. Session Laws, Indiana. 1903, ch. 60; See Act Feb. 26, 1907, S. L., ch. 57 authoriz- 

ing right of way across reserves. 

2. Session Laws, Iowa, 1906, Vol. 31, p. 52: same in code 1897, siippl. 1913, sec. 1400c- 

1400p. Cf. Mar. 21, 1900, ch. 58 Com'r. Agr. (forestry). 

3. Session Laws, Kansas, 1887, ch. 160, p. 226. 

4. Session Laws, Kansas, 1907, ch. 405, p. 586. 

5. Ogallah station abolished by act of Apr. 30, 1913, S. L. ch. 309. 

6. Session Laws, Kansas, 1909. ch. 49, p. 79. See Kan. Code, 1909, sees. 7993-8000, 

and Gen. St. 1915, Mcintosh, sees. 9911-9915. 



56 rOKEST LAW IN AMERICA 

all forest experimental and educational work with the duty 
of assisting towns, counties, corporations, and individuals, 
in the planting, protection and management of timber 
tracts. 

Kentucky. A Kentucky act of March 21, 1906 ^ created 
a state board of agriculture, forestry and immigration, to 
consist of nine members. Section nine of this act provided 
that this board should act as a forestry commission for the 
state, and authorized it to expend not exceeding two 
thousand dollars annually, either directly or through the 
United States forest service, in advancing the forest inter- 
ests of the state. The compensation of the members was 
made five dollars per day for not over thirty days annually. 

A Kentucky act of March 19, 1912 - repealed section 
nine of chapter ninety of the act of 1906, created a non- 
salaried board of forestry of five members besides the 
governor, and authorized the appointment of a technically 
trained forester for a term of four years at an annual salary 
of not over twenty-five hundred dollars. The management 
of the forest preserves subsequently to be acquired and 
established was vested in the board of forestry, and the 
board was empowered to purchase lands suitable for forest 
reserves at not exceeding ten dollars per acre, using any un- 
appropriated moneys in the forest reserve fund. The board 
was given broad duties of investigation of forestry and kin- 
dred subjects. They were authorized to sell such dead, 
mature or large trees on forest reservations as should be 
compatible with a proper management. 

Subject to the direction of the board the forester might 
cooperate with counties, municipalities, corporations and 
individuals, in preparing plans for the protection, manage- 
ment and replacement of forests, provided such parties 
pay the field expenses. The establishment of nurseries 



1. Session Laws, Kentucky, 1906, ch. 90. sec. 9. 

2. Session Laws, Kentucky, 1912, ch. 133, p. 529. Same in Ky. St.. Carroll. 191.5, 

sec. 190.50. Cf. Session Laws. Kentucky. 1912. oil. .S2, general law rof^arding 
Are marslials. x\ncl Act Mar. 13, 1912, S. L. oh. (U. p. 211. ceding to the liiited 
States jurisdiction over not to exceed 4.5.000 acres in Edmonson county when 
tlie same siiouki he selected for Mammoth Cavo. National Park. In Thum's 
Suppl. of 191.5 to Ky. Stats, of 1909, ch. 133 of 1912 is given in sees. 190.51) to 
to 19().5gg: ch. 01 of 1912 in sec. 2376e; and ch. 24 of 1914 regarding the acciuisi- 
tion of Nat'l. Forests in Appalachin Mts. in sees. 237Gf to 23761. Sec also Ky. 
Stat. 191.5, Carroll, sec. 1905b re Nat'l. Forests. 



ADMINISTRATIOlSr BETWEEN 1900 and 1916 57 

and the distribution of young trees to residents of the 
state was authorized. 

Louisiana. By act of July 4, 1904 ^ a Department of 
Forestry was created in Louisiana. A Forestry Commis- 
sion was to consist of the Register of the State Land Office 
as ex-officio Commissioner of Forestry, with an additional 
salary of five hundred dollars, and four other non-salaried 
citizens to be appointed by the governor. It was made their 
duty to inquire into and report regarding the preservation 
of forests, the reforesting of denuded lands, and other 
forestiy subjects, and to report as to the forestry legisla- 
tion which should be enacted by the state. The Commis- 
sioner of Forestry was given control of all activities of the 
state directed to the preservation and protection of forests 
of the state, and the appointment of a state officer to be 
known as chief fire warden was authorized. The act re- 
quired an officer in each jury ward of the state to act as a 
fire warden. The local fire wardens under the direction of 
the chief warden were required to take the necessary steps 
to prevent and suppress forest fires, and sections twelve 
and thirteen imposed penalties for the willful or neghgent 
firing of the woods or the endangering of forests by fire. 

On July 2, 1908 - a "Commission for the Conservation 
of Natural Resources" was created in Louisiana. The seven 
members of this commission who were to serve without 
compensation, except the secretary, were required to inquire 
into forest conditions within the state, and the relation of 
such forests to the climate and the waterways of the state. 
The membership was increased to eight, and the name 
changed to the "Conservation Commission" of Louisiana 
on July 6, 1910. ^ 

On July 7, 1910 ** the Louisiana law regarding a depart- 
ment of forestry was amended so as to designate the Regis- 
ter of the State Land Office as Forester, and to provide for 
a Deputy Forester who should have had technical training 
in silviculture. Section three of the new act imposed upon 
the forester and his assistant general duties as to fire pro- 



1. Session Laws, Louisiana, 1904, No. 113, p. 244. 

2. Session Laws, Louisiana, 1908, No. 144, p. 200. 

3. Session Laws, Louisiana, 1910, No. 172, p. 2.55. 

4. Session Laws, Louisiana, 1910, No. 261, p. 446. 



58 FOREST LAW IN AMERICA 

tection, forest education and cooperation with private 
parties, and section four authorized the acceptance of gifts 
of land to the state for administration as forests by the State 
Conservation Commission. The penalties for the firing of 
the woods or the endangering of the same were modified, 
and specific provision for the collection of the value of young 
growth destroyed by fire was contained in a clause which 
said the value "shall be calculated as the expense of arti- 
ficially planting and cultivating such small growth to the 
point of development at the time when the fire occurred." 
Railroads were required to clear inflammable material 
from rights of way, arbor day was estabhshed, and the Con- 
servation Commission was authorized to purchase forest 
land for the state. 

An act of July 9, 1912 ^ reduced the membership of the 
Louisiana conservation commission to three members, 
two of whom should receive not to exceed twenty-four 
hundred dollars and the other not over three thousand 
dollars. These commissioners were to be appointed for a 
term of four years each, required to devote their entire 
time to the service, and given the direction of all forestry 
work in the state. Appointed by the governor and confirmed 
by the senate, they were subject to removal only after trial 
before a court on charges of malfeasance, nonfeasance or 
incompetency. In this commission of three members were 
vested all the powers and duties previously exercised by the 
conservation commissioners, the forester and the deputy 
forester under the acts of July 6 and July 7, 1910. 

On June 30, 1916 ^ the act of July 9, 1912 was amended 
by the substitution of a single commissioner of conservation 
for the three commissioners. The single commissioner up- 
on whom were devolved all the powers and duties formerly 
appertaining to the three commissioners was to be appoin- 
ted by the governor with the advice of the senate for a term 
of four years. He was allowed a salary of thirty-six hun- 
dred dollars per annum, was required to be informed "in 
whole or in part" regarding wild life, game, fish and forestry 
and was required to devote his whole time to the duties of 
the office. 



1. Session Laws, Louisiana, 1912, No. 127. 

2. Session Laws, La., 191G, No. 66, p. 171. 



ADMINISTRATION BETWEEN 1900 and 1916 59 

An act of July 5, 1916 ^ provided that one-fifth of all 
sums collected by the state as licenses for the severance 
of timber and turpentine, under existing law, should be 
accredited to the forestry department of the state depart- 
ment of conservation and be expended solely in the exe- 
cution of the forestry laws of the state and required that 
under the general direction of the conservation commissioner, 
the forestry department be superintended' by a techni- 
cally trained forester of not less than two years' experience 
in professional forestry work. No expenditure for such 
forestry w^ork was to be made without the approval of a 
general forestry advisory board which was to consist of 
the commissioner of conservation and four other members 
to be appointed by the governor, one of whom should be 
the professor of forestry in the state university, one a 
farmland owner interested in farmland reforestation, and 
tw^o of whom should be selected from well-known timber 
owners. The members of the advisory board were allowed 
no compensation other than travehng expenses. 

Maine. On March 26, 1903 - the Maine law for the 
protection of forests from fire was amended so as to transfer 
the authority to appoint fire wardens within unorganized 
places from the county to the state forest commissioner, 
and to provide for the payment from state funds of the cost 
of fighting fire in such districts; and April 1, 1909 ^ a large 
proportion of such unorganized territory was included in a 
tax division called the "Maine Forestry District." A special 
tax was levied on all land within the district for forest pro- 
tection purposes and the forest commissioner was charged 
with special responsibihty as to fire control therein. The 
act provided that lands as to which the special tax provi- 
ded therein w^as not paid within one year from the time 
the lands were listed and advertised would be forfeited to 
the state. Under these provisions the state may ultimately 
acquire extensive public forests. Although the laws of 
Maine for the protection of forests from fire enacted prior 



1. Session Laws, La., 1916, No. 145, p. 363, sec. 7. 

2. Session Laws, Maine, 1903, ch. 168. 

3. Session Laws, Maine, 1909, ch. 193, cf. act Apr. 2, 1909 S. L., ch. 230, p. 304 mak- 

ing $2.5,000 immediately available for Are protection. See amendment in ch. 33, 
of 1911. Ch. 193 of 1909 was held constitutional by the state Supreme Court, 
Nov. 13, 1912 in Sandy River PI. v. Lewis, 109 Me., 472. Cf. opinion of Mar. 
10, 1908, regarding legislative restrictions on private logging operations. 



60 FOREST LAW IN AMERICA . 

to January 1, 1917 were exceptionally satisfactory ^ no 
poHcy of state administration of public forests had yet 
been evolved. 

Maryland. A Maryland act approved April 5, 1906, - 
established a state board of forestry of seven members, 
consisting of the governor, two other state officials, two 
educators, a practical lumberman and a citizen interested 
in forestry. The employment of a state forester at an 
annual salary of two thousand dollars, to have charge of 
all forestry interests in the state, was authorized. The 
board was empowered to accept gifts of land to the state 
for forestry purposes and to purchase lands at not over 
five dollars per acre. The state forester was authorized 
to cooperate with counties, towns, corporations or individ- 
uals in plans for forestry work. The state forester was made 
the head of a state system of forest fire protection, and the 
act contained comprehensive provisions regarding the setting 
of fires, the use of safety apphances on engines and the au- 
thority of fire wardens. The law created a forest reserve 
fund and provided that the net collections under the act 
as penalties, together with all funds obtained from the state 
forest reserves, might be used for forest protection, manage- 
ment, replacement and extension. County boards were au- 
thorized to levy money for forest protection, improvement, 
and management. 

A Maryland act of April 7, 1910 ^ authorized the ap- 
pointment by the governor, upon the recommendation of 
the state forester, of forest wardens who should receive 
a nominal annual salary, and one-half of their wages for 
special services, from the state treasuiy and be responsible 
for forest protection in their respective counties. On April 
15, 1912^ the law was again amended to make the state's 
half of the cost of fire fighting payable from the forest re- 
serve fund, to authorize the purchase of land for a forest 
nursery at not over five dollars per acre and the distribution 
of trees to private parties, and to appropriate six thousand 



1. Sco Session Laws, 1909, oh. 52 and ch. 164: Session Laws 1911, ch. 35; Session 

Laws 1913, ch. 8G and ch. 177; Session Laws. 1915, ch. BS and ch. 190. 

2. Session Laws, Maryland, 1906, ch. 294, p. 532. See increased appropriations Act 

April 13, 1908 S. L. ch. 215; April 13, 1910 S. L. ch. 429. See establishment 
state conservation commission session laws 1910 ch. 238. 

3. Session Laws Md. 1910 ch. 161 p. 395. 

4. Session Laws Md. 1912 ch. 348 p. 509. 



ADMINISTRATION BETWEEN 1900 and 1916 61 

dollars for the publication of forest maps and reports. This 
act made an annual appropriation of ten thousand dollars 
for the work of the forestry board. 

On April 16, 1914 ^ the law was amended to allow the 
board of forestry to fix the salary of the state forester and 
the salaries of such assistants as he should need. His 
duties remained substantially the same as in the act of 
1906. The previous law as to the direction of forestry work 
by the board and the forester received several modifications 
and the board was given the power of eminent domain when 
necessary to carry out its work. County commissioners were 
authorized to appropriate money for "purposes of tree 
planting and care of trees." 

Two acts of 1912 2 and one of 1914 ^ provided for the 
acquirement by the state board of forestry of specified 
tracts of land as state forests; and an act of April 16, 1914, ^ 
clothing the state forester with comprehensive duties re- 
garding the planting and care of shade trees along public 
roads, provided that trees grown in state nurseries and 
not required for roadside planting might be used for plant- 
ing on state forest reserves, or be furnished any land owner 
of the state at not less than cost, if planted according to 
plans approved by the state forester. 

Massachusetts. In 1898^ provision was made in Massa- 
chusetts for the purchase by the state of ten thousand 
acres in the County of Berkshire to be known as the Grey- 
lock State Reservation which was to be maintained by said 
county. In 1902 ^ and again in 1904 ^ appropriations were 
made for the acquisition of additional land for such reserve. 
An act of 1903 ^ provided for the acquisition of a similar 
reserve in the County of Hampshire. 

On June, 1904 ^ the office of state forester was created 
in Massachusetts with a salary of two thousand dollars. 
The law required that the appointee have a technical edu- 



1. Session Laws Md. 1914 ch. 823 p. 1551. 

2. Act April 15, 1912 S. L. ch. 749 p. 1250; Act April 15 1912 S. L. ch. 794 p. 1562. 

3. Act Mar. 30 1914 S. L. ch. 209 p. 297. See Annot. Code, Md., Bagby, Vol. 3, 1914, 

pp. 617-623. 

4. Session Laws Md. 1914 ch. 824 p. 1554. See amendment Apr. 18, 1916 S. L. 

p. 548 p. 1124 re cutting without permit. 

5. Act June 20, 1898 S. L. ch. 543 

6. Act June 26, 1902 S. L. ch. 514. 

7. Act Jime 3, 1904 S. L. ch. 411 p. 391. 

8. Act Apr. 25, 1903 S. L. ch. 264 p. 222. 

9. Session Laws, Mass. 1904 ch. 409 p. 389; S. L. 1905, ch. 211 changed date of 

submission of annual report. 



62 FOREST LAW IN AMERICA 

cation, and it was made his duty to promote the perpetua- 
tion, extension and proper management of the forest lands 
of the commonwealth, both public and private. Aside from 
expenses connected with Ms educational duties, private 
parties who availed themselves of his aid were made liable 
for his necessary travel and subsistence expenses. He was 
authorized to establish and maintain a forest nursery at 
the Massachusetts Agricultural College, from which trees 
for forest planting must be furnished free to the state and 
might be distributed to landowners as he and governor and 
council thought ad\isable. On June 4, 1907 ^ the salary 
of the forester was increased to three thousand dollars, and 
the limitation of annual expenditures for forestry work to 
five thousand dollars was removed, and on April 7, 1909 ^ the 
state forester was charged with the duties previously per- 
formed by the superintendent for the suppression of the 
gypsy and brown tail moths and the governor authorized 
to determine his salary. A forest protection act of June 5, 
1907 ^ required that the persons appointed as town and 
city forest wardens be approved by and make reports to 
the state forester and authorized the payment from state 
funds for the services rendered by such wardens under the 
direction of the forester 

An act of May 1, 1908 ^ authorized the state forester, 
with the consent of the governor and council, to expend 
five thousand dollars that year and ten thousand dollars 
annually thereafter in the acquisition of lands at not over 
five dollars per acre for purposes of demonstration m 
forest management. The limitation of the amount to be 
acquired in one tract in any one year to forty acres was in- 
creased to eighty acres on March 25, 1909. ^ The owners 
of land thus purchased, or their heirs and assigns, might 
repurchase the land any time within ten years by pajdng the 
amount paid by the state for the land and for improvements 
and maintenance, with interest at four per cent on the pur- 
chase price, but the deed of reconveyance should contain 
a restriction that trees cut from such property should not 



1. Session Laws, 1907 ch. 473 p. 422. 

2. Session Laws, 1909 ch. 263 p. 207. 

3. Session Laws, 1907 ch. 475 p. 427. 

4. Session Laws, 1908 ch. 478 p. 432. 

5. Session Laws, 1909 ch. 214. 



ADMINISTRATION BETWEEN 1000 and 191G 63 

be less than eight inches in diameter at the butt. Gifts 
of land for the same purpose might be accepted by the fores- 
ter with the right of repurchase if so stipulated in the deed. 
From, any lands acquired under this act the state forester, 
with the approval of the governor and council, might cut 
and sell trees and other produce. The forester was required 
to replant or otherwise manage such land productively. 
Planted land reconveyed to an owner was not to be exempted 
from taxation. Twenty per cent of the annual appropria- 
tions of the act might be used for the distribution of seeds 
and seedlings to citizens of the commonwealth at not less 
than cost. An act of March 3, 1910 ^ authorized the ac- 
ceptance of bequests and gifts for the advancement of the 
forestry interests of the state in the manner designated by 
the donor; and one of May 11, 1912 ^ amended chapter 
fom' hundred nine of nineteen hundred four so as to au- 
thorize the establishment of forest nurseries at state insti- 
tutions, other than the Massachusetts Agricultural College 
at Amherst, and the use of the labor of the inmates of such 
institutions free of cost for nursery work, with the limitation 
that all stock grown in such nurseries should be used within 
the state and should be furnished free to state institutions. 

On July 18, 1911 ^ the appointment of a state fire warden 
by the state forester was authorized, and all forest fii'e pro- 
tection was placed under this warden. 

An act of June 29, 1914, '^ established a state forest com- 
mission to consist of the state forester and two others ap- 
pointed by the governor, with the approval of the senate, 
for terms of six years, without compensation. This com- 
mission was authorized to acquire by purchase, or otherwise, 
at a cost of not over five dollars per acre, and hold for the 
state, woodland or land suitable for timber cultivation, and, 
after pubhc hearing, to sell or exchange lands thus acquired. 
Lands thus acquired were to be known as state forests, and 
it was made the duty of the state forester to reforest and 
develop the same for pubhc enjoyment and the conserva- 
tion of water supphes of the state. These lands were exemp- 



1. Session Laws, 1910 ch. 153. 

2. Session Laws, Mass., 1912, cli. 577, p. 5S7. 

3. Session Laws, 1911 cii. 722 p. 879. 

4. Session Laws Mass. 1914 ch. 720 p. 751. See Act May 19, 1916 ch. 234 p. 163 

INIass. Agr. College authorized to acquire a demonstration forest about Mt. 
Toby. 



64 FOREST LAW IN AMERICA 

ted from taxation, but the towns and cities in which they 
were situated were to be reimbursed by the state for the 
annual loss in taxation thereon. The act carried an appro- 
priation of ten thousand dollars for the first year, and twenty 
thousand dollars for each of four succeeding years. 

Michigan. By a joint resolution approved June 6, 1901 ^ 
the lands in Roscommon and Crawford Counties that had 
been withdrawn from homestead entry under authority 
of the act of June 7, 1899, creating a forestiy commission, 
were declared withdrawn from sale and made into a forestry 
reserve. 

However, this provision was repealed by an act of June 
4, 1903 - which withdrew from sale and entry only the 
lands then owned or thereafter to be acquired by the state 
in township twenty-one north, ranges three and four west, 
the north half of township twenty-four north, range four 
west, and the south half of township twentj^-five 
north, range four west, and provided for the management 
according to silvicultural principles of the state lands 
within the reserved area that should upon examination 
by the forestry commission, created by the act of June 2, 
1899, be found suitable for forestry purposes. The forestry 
commission was authorized to appoint a forestry warden 
at a salary of one thousand dollars per annum who should 
appoint the necessary deputies to be paid by the day for 
actual services. The commission was authorized to cut, 
remove or sell from the forest reserve such land as they 
considered it advisable to remove, and to purchase lands 
within the boundaries of the reserve so as to make the state 
holdings contiguous. Forest reserve lands were to be 
assessed in the same manner as adjoining private lands and 
be taxed for school and road purposes only. All lands 
previously reserved from sale and entry in Roscommon and 
Crawford counties, except those within the townships named 
in this act, were restored to sale and entry. 

A Michigan act of June 27, 1907 ^ set apart all lands be- 
longing to the state agricultural college in the counties of 



1. Concurrent Resolution No. 17, Session Laws, Mich. 1901 p. 403. 

2. Si'sssion Laws, Michigan, 1908, No. 17.5, p. 234. 

3. Session Laws, Michigan, 1907, No. 299; cf. Act Mar. 14 1907 S. L. No. 22 and 

Act April 30, 1909 S. L. No. 54, regarding Michilimackinac State Park. 



ADMINISTRATION BETWEEN 1900 and 1916 65 

Iosco and Alcona as a forest reserve, provided for the 
scientific management of such lands and devoted the in- 
come perpetually to the use of the college. This act re- 
ceived minor amendments on June 1, 1909. ^ 

An act of June 18, 1907 - provided for a commission of 
nine members to inquire into the condition and extent of 
the forest, denuded and waste land held by the state, and 
to submit recommendations as to the policy that should be 
adopted regarding the disposal of such lands or the crea- 
tion of forest reserves. 

The new constitution adopted in 1909 ^ amended the 
language of the section of the constitution of 1850 that 
forbade the state to engage in internal improvements so as 
to authorize ^ the expenditure of state funds by the legisla- 
ture "in the reforestation and protection of lands owned 
by the state." 

On June 2, 1909 ^ a new forest administration law was 
enacted in Michigan. This act created a Public Domain 
Commission of six members without compensation other 
than expenses, but with provision for a secretary at a salary 
of six hundred dollars and a supervisor of trespass at a 
salary of twelve hundred and fifty dollars per annum. All 
jurisdiction over state forest affairs formerly vested in the 
state forestry commission and the state land commissioner 
was transferred to the new commission. The state game, 
fish and forest warden was made subject to the direction of 
the commission. The powders as to the management of 
forest reserve lands remained substantially the same as 
those of the forestry commission. The new commission 
might appraise and sell lands of the state suitable for agri- 
cultural purposes, but the extent of the forest reserve lands 
must not be reduced below two hundred thousand acres. 

On May 1, 1911 -^ the law relative to the powers and 
duties of the Pubhc Domain Commission was amended so 
as to specifically authorize the appointment of a forestry 
warden, and to authorize the commission to fix the salaries 
of its secretary, the supervisor of trespass and the forestry 



1. Session Laws, Michigan, 1909, No. 202. 

2. Session Laws, Micii., 1907, No. 188 p. 256. 

3. Session Laws, Micli., 1909, Art. X sec. 14 of constitution. 

4. Session Laws, Midi., 1909, No. 280. 

5. Session Laws, Michigan, 1911, No. 294. 



66 FOREST LAW IN AMERICA 

warden, all of whom should hold office at the pleasure of the 
commission. The forestiy w^arden was given supervision 
of all forest protection work. 

The law was amended on May 13, 1913 ^ to authorize 
the appointment of an assistant secretary and to change 
the designation of the supervisor of trespass to supervisor 
of field division and that of forestry warden to forester. 
The commission was also given authority to prescribe and 
enforce such regulations, not inconsistent with the act, 
as it should consider necessary, and was authorized to dele- 
gate some of its duties to its secretary. 

By act of March 25, 1915 ^ all powers and duties of 
the State Game, Fish and Forestry Warden were transferred 
to the Public Domain Commission, which was authorized 
to appoint a State Game, Fish and Forest Fire Commis- 
sioner at a salary of not over thirty-five hundred dollars 
per annum and expenses, to serve at the will of the commis- 
sion as executive officer for the administration of the for- 
est laws of the state. 

Minnesota. A Minnesota act of April 13, 1901 ^ added 
to the state "Forest Reserves" all lands totally unfit for 
agricultural uses that had been acquired by the state UDder 
acts of 1881, 1893 and 1899, providing for the sale of land 
to meet delinquent taxes. Provision was made that one- 
half the income of such lands should go to the state and 
one-fourth each to the town and county in which the land 
was situated. 

An act of April 8, 1903 ^ authorized the state forestry 
board to purchase for the state, at not over two dollars and 
fifty cents per acre, and preferably at the sources of the 
main rivers of the state, any land adapted for forestiy pur- 
poses, not exceeding one-eighth of the area in smy congres- 
sional township, and to take the steps necessarj'' to main- 



1. Session Laws Michigan 1913 No. 333. Cf. Act Mar. 8. 1013 S. L. No. 270 

p. 524 transferring duties of Com'r. State Land OfRce to tlio commission and 
Act Mav 13, 1913 S. L. No. 32G p. filO giving commission control of state 
swamp lands (U. S. Act Sept. 28 1850) and Act March 3, 1915 S. L. No. 1 
(swamp). 

2. Session Laws 1915 No. 28 p. 36. Cf. Act May 13, 1915 S. L. No. 221 p. 371 

requiring division of state into fire districts. For previous forest law in general 
see Howell's Annot. Stat. 1913 sees. 10348 to 10399. 

3. Session Laws, Minn.. 1901, ch. .335, p. .551. 

4. Session Laws, Mimi., 1903, ch. 134, p. 192. 



ADMINISTRATIOjS^ between 1900 and 1910 67 

tain forests thereon. One fourth of the net revenue was to 
go to the town. 

On April 21, 1903 ^ provision was made for the appoint- 
ment by the state auditor of a forestry commissioner, at an 
annual salary of twelve hundred dollars, who should be a 
member of the state forestry board and have charge of 
fire protective activities, but the title of chief fire warden 
was restored in an act of April 19, 1905. ^ 

On April 4, 1907 ^ Itasca State Park was made a state 
forest reserve, and provision made for its management by 
the state forestry board and its use by the state regents for 
educational demonstration purposes, and on April 17, 1909 * 
the forestry board was authorized to accept donations of 
land within the park with a reservation of all timber over 
eight inches in diameter at four and one-half feet from the 
ground, with the right to remove such timber within ten 
years, on condition that the board be permitted to select 
and purchase for the state such groves as they should think 
desirable for park pm-poses. 

A Minnesota act of March 30, 1905 ^ accepted the grant 
of twenty thousand acres of vacant public land for forestry 
purposes offered in a Federal act of April 28, 1904 (33 Stat. 
L., 536) and one of March 31, 1909 ^ authorized the accept- 
ance by the state for forest demonstration purposes of not 
less than two thousand two hundred acres of land from lands 
within the Fond du Lac Indian Reservation in northeastern 
Minnesota that had been ceded to the United States. 

On April 12, 1911 ^ a new forestry law became effective 
in Minnesota. This act repealed nearly all existing laws for 
the administration of state forest lands and for the preven- 
tion and control of forest fires. The new act provided 
for a forestry board of nine members, representative of the 
various educational and economic interests of the state, 



1. Session Laws, Minn., 1903, cli. 363. 

2. Session Laws, Minn., 1905, cli. 310. See amendments as to organization of forestry 

board in ch. 171 of 1907, and ch. 886 of 1909. Governor made member and expi- 
ration of terms of otliers varied. 

3. Session Laws, IMinn., 1907. ch. 90. 

4. Session Laws, Minn., 1909, ch. 220. See Session Laws, Minn., 1905, ch. 277, in 

which pro\'ision had been made for additions to the park. 

5. Session Laws, Minn., 1905, ch. 83, p. 99. Cf. Grant of Cooper Island (Starr Island) 

in Cass Lake, made bv Federal Act of June 21, 1906, (34 Stat. L. 325, 352) indi- 
rectly repealed bv Act of Mav 23, 1908, (35 Stat. L., 26S.) 

6. Session Laws, Minn., 1909, ch. 131; Same Gen. St. Minn., 1913, Tifflany. Sec. 3040- 

42; See Act Mar. 19, 1909, ch. 87, addition to state forestry fund. 

7. Session Laws, Minn., 1911, ch. 125. See Gen. Stat. Minn., 1913, Tiflfany sees. 3783 to 

3811. 



DO FOREST LAW IN AMERICA 

with a secretary at a salary of eighteen hundred dollars per 
annum. The board was vested with general control and 
supervision of all forest interests of the state, and was re- 
quired to appoint a trained forester at a salary of not over 
four thousand dollars per annum who might appoint an 
assistant forester and other employees necessary for the 
carrying out of the purposes of the act and fix their compen- 
sation with the approval of the board. It was made the 
duty of the forester to acquire full information regarding 
forest lands of the state, and to adopt such measures as 
were necessary to protect the forests from fire. Provision 
was made for district rangers and for additional patrolmen 
as needed, constituting a fire protective force distinct from 
the warden system composed of county and town officials 
previously obtaining. The manner in which the members of 
the board were to be selected was made definite, and the 
provisions as to railroad operation, the disposal of slash 
and the enforcement of penalties were modified by an act 
of April 2, 1913. ^ Another act of 1913 - fixed the salary 
of the assistant forester at twenty-seven hundred dollars. 

On March 19, 1913 ^ the name "state forests" was given 
by legislative act to the forest reserves of Minnesota. An 
act of March 26, 1913 ^ required that notice be given the 
state forester of all contemplated logging operations, under 
penalty of fine and imprisonment. Another act of 1913 '" 
made the state forester a member of the state board of tim- 
ber commissioners, charged with the sale of timber owned 
by the state. An act of April 25, 1913 ^ authorized the 
purchase by the state forestiy board of all remaining lands 
held privately within the boundaries of Itasca State Park. 

In the session of 1913 the Minnesota legislature also pro- 
vided for the submission to the people of two proposed 
amendments to the constitution ; one ' of these was directed 
to the encouragement of forest planting by authorizing the 
payment of bounties by the state, the other ^ authorizing 



1. Session Laws, Minn., 1913, ch. 159. 

2. Session Laws, Minn., 1913, ch. 400. 

3. Session Laws, ]\Tinn., 1913, ch. 86. 

4. Session Laws, Minn., 1913, ch. 114. 

5. Session Laws, ISIinn., 1913, cli. 383. 

6. Session Laws, Minn., 1913, ch. .531, cf. S. L., 1911. ch. 27.5, allowing reservation of 

minerals. Act April 28, 1913, S. L. ch. 5.59, re administration of park. Act April 
15, 1913, S. L., ch. 273, providing for trails in Burntside State Forest. 

7. Act Mar. 14, 1913. S. L., ch. 591. 

8. Act Apr. 3, 1913. S. L., ch. 592. 



ADMINISTRATION BETWEEN .1900 and 1916 69 

the legislature to set aside as state forests such of the school 
and other public lands as should be found better adapted 
for the production of timber than for agriculture. The 
latter amendment was adopted by the people at the general 
election of November, 1914. 

Mississippi. An act of February 9, 1906 ^ estabhshing a 
geological survey in Mississippi, required such survey to 
map all wooded areas of the state, and one of April 14, 
1906 '' required the state commissioner of agriculture and 
commerce to gather and pubhsh information regarding 
the forest interests of the state. 

Missouri. To the existing Missouri law making it the 
duty of raih'oads to remove all combustible material from 
their rights of way, an act of May 7, 1909 ^ added a pro- 
vision that in case of neglect by a railroad company to com- 
ply with the requirements of the law, any person owning 
land adjoining the right of way, after three days' written 
notice, might remove such material himself and recover 
from the railroad owner double the amount of all expenses 
and damages, with costs. The railroad operator was also 
subject to a penalty of not over two hundred dollars and 
hable for all damages resulting from such neglect of duty. 

In a Missouri game and fish law of May 14, 1909 ^ it 
was made a misdemeanor to set fire to any timber or grass 
on state or Federal land, or in any place where it might 
spread to such land, or to abandon any camp fire unextin- 
guished. 

Montana. Under a general land administration act of 
March 19, 1909 ^ the register of state lands, the state land 
agent and the state forester were constituted a forestry 
board with, the dutj^ of managing the forests of the state of 
Montana on forestry principles, of encom*aging private 
owners in preserving and growing timber and of conserv- 
ing forest tracts on the watersheds of the streams of the 
state. This board was authorized to expend upon reforesta- 



1. Session Laws, Miss., 1906, ch. 111. 

2. Session Laws, Miss., 1906, cli. 102. 

3. Session Laws, Missouri, 1909. p. .3.59. Cf. Annot. Stat. 1906, sec. 7503, from act 

May 13, 1889, p. 120, requiring the geological survey to report regarding forests 
of tlie state. 

4. Session Laws, Missouri, 1909, p. 52,5, sec. 24. 

5. Session Laws. Montana, 1909, ch. 147, sec. 20 and 21. See Act Apr. 8, 1909, S. L. ch. 

118, regarding national forest revenue. 



70 FOKEST LAW IN AMERICA 

tion such sums as the legislature should appropriate. Sec- 
tion 53 of this act, which provided for the sale of timber 
from state lands, forbade the sale of trees of any species 
which were less than eight inches in diameter at twenty 
feet from the ground, and such regulations as the state board 
of land commissioners should prescribe for the preserva- 
tion of standing timber and protection from fire must be 
observed in logging operations. County commissioners w^ere 
authorized to provide money for forest protection, improve- 
ment and management. 

The act required that the forester be a man with scien- 
tific forestry training and section ten vested in him a gen- 
eral direction of all forest activities of the state. His 
salary was fixed at two thousand five hundred dollars per 
annum, and the employment of a trained man as assistant 
forester at one hundred fifty dollars per month by the 
board of land commissioners was authorized. ' 

Section ten of the act of March 19, 1909 w^as amended by 
an act of March 7, 1911 ^ so "as to require that all field work 
in connection with the examination, appraisement and 
reappraisement of timber lands then belonging to, or 
thereafter acquired, by the state of Montana should be 
done by the state forester. This act also made the for- 
ester secretary of the board and placed the protection and im- 
provement of the state parks and forests under his direction. 

Two Montana acts of March 3, 1911 ^ and March 5, 
1915 ^ contemplated the maintenance as state forest re- 
serves of such timber lands as the state should acquire from 
the federal government in heu of the sections sixteen and 
thirty-six that the state would have received for school 
purposes if- national forests had not been created. 

Nebraska. A Nebraska act of April 8, 1903 ^ authorized 
the establishment of an experimental sub-station west of 
the one hundredth meridian for the promotion of the agri- 
cultural, horticultural and forestry interests of the state, but 
no state forests have been established nor has provision 
been made for any special administration of forest interests. 



1. Session Laws, Mont., 1911, eh. IIS; See S. L., 1913. ch. 131 (Forest School.). 

2. Session Laws, Mont., 1911, ch. 7S. p. 145. 

3. Session Laws, Mont., 1915, ch. 81, p. 107. 

4. Session Laws, Nebraska, 1903, ch. 114. p. 591. Same Comp. St. 1909. Brown & 

Wheeler, par. 6163. sec. 32a. 



ADMINISTRATION BETWEEN 1900 and 1916 71 

Nevada. A Nevada act of March 16, 1903 ^ that aimed 
at the conservation of the water resources of the state, made 
it "a misdemeanor to sell or offer for sale any Uve or grow- 
ing wood obtained from any common white, yellow, or sugar- 
pine tree, or any fir, tamarack, spruce, or flat-leaved cedar 
trees less than one foot in diameter two feet from the ground," 
and imposed a maximum penalty of five hundred dollars 
and six months' imprisonment. 

New Hampshire. On February 24, 1903 ^ two sections 
were added to the New Hampshire forestry law of 1893. 
One of these made it the duty of the forestry commissioner 
to make regulations to protect and preserve the land ac- 
quired by the state for forest reserves, and the other im- 
posed penalties for the violation of such regulations. On 
the same day ^ the legislature authorized the expenditure 
of five thousand dollars by the state in obtaining an exami- 
nation and report by the bureau of forestry in the national 
department of agriculture regarding the forests of the White 
Mountain region. 

An act of March 10, 1905^ vested in the state forestry 
commission general supervision of all forest fire activities 
of the state. They might require a forest patrol in all or- 
ganized towns, and were required to designate a selectman 
as forest warden in towns not having an organized fire 
department, and to appoint special wardens in unorganized 
districts. 

An act of April 9, 1909 ^ estabhshed a non-salaried for- 
estry commission of three persons, who were required to 
appoint a forester at an annual salary of eighteen hundred 
dollars. The forester was charged with the execution of all 
forest work of the state, including the direction of all activi- 
ties having in view the prevention and control of forest 
fires. He was required to perform educational work along 
forest lines and authorized to cooperate with counties, 
towns, corporations and individuals regarding the pro- 
tection, management and reforestation of forest lands. He 
was required to appoint, from persons nominated by the 



1. Session Laws, Nev., 1903. No. 176. See Rev. Laws, Nev., 1912, sees. 2118-20. 

2. Session Laws, N. H, 1903, ch. 25. 

3. Joint Resolution. N. H., Feb. 24, 1903, S. L., ch. 139, p. 149. 

4. Session Laws, N. H., 1905, ch. 97. 

5. Session Laws, N. H., 1909, ch. 128. 



72 FOREST LAW IN AIM ERICA 

selectmen of towns, mayors of cities or citizens of towns, 
a suitable person as forest fire warden and such deputy 
wardens in each town or city as he deemed necessary. The 
state forester might remove wardens and deputies, and he 
might require them to patrol their respective districts. 
Wardens might arrest without warrant persons who vio- 
lated the law after warning, or who were caught in act 
of violation. The state might appoint and remove fire 
wardens as deemed necessary in unincorporated places, or 
require one warden to act for a group of towns or unincor- 
porated places. The state was required to pay one-half 
of all fire-fighting costs, as audited by the selectmen in 
towns or the state forester for unincorporated places. 

The forestry commission was authorized to buy land for 
forestry purposes whenever any person or persons should 
furnish the funds therefor. They were given power to 
condemn lands for this purpose, and tracts thus purchased 
must be held forever as reservations open to the public. 

On April 15, 1911 ^ the maximum salary of the state 
forester was increased to twenty-five hundred dollars and 
he was required, as directed by the forestry commission, to 
divide the state into not more than four districts according 
to watersheds and authorized to appoint a district chief 
in each, subject to serve as the forester desired not over 
eight months annuaUy at not over three dollars per day and 
expenses. These district chiefs were to have general di- 
rection of fire protection in their respective districts. 

This act authorized the planting and removal of trees 
from forest reservations, procured through gift, so far as 
compatible with the wishes of the donor. The forestry 
commission was authorized to receive gifts of land for 
forestry purposes and might, with the consent of the gover- 
nor and council, purchase land for forest demonstration 
purposes, and manage lands accepted or bought under 
forestry principles. The state forester was authorized tq 
acquire land for a state nursery, to sell seedlings to per- 
sons desiring to plant them within the state, or to arrange 
for private parties to furnish seedlings. 



1. Session Laws, N. H., 1911. oil. ir>6. p. 213. 



ADMINISTRATION BETWEEN 1900 and 191G io 

An act of April 12, 1911 ^ authorized the governor, with 
the advise of the council and of the forestry commission, to 
acquire for the state by purchase, at a fair valuation, such 
lands and timber thereon in what was known as Crawford 
Notch as they should think advisable. The act appropria- 
ted one hundred thousand dollars for this purpose, and 
provided for a condemnation of the land under an appraisal 
by a special commission whose findings were subject to 
review in the courts. The lands acquired were to be held 
as a forest reservation and state park ander the management 
of the forestry commission, who might authorize the re- 
moval of timber for the improvement of the growth thereon, 
and, with the approval of the governor and council, could 
sell live timber not needed for forest conservation or the 
preservation of the scenic beauty of the notch. The pro- 
ceeds of all sales were to be applied so far as necessary to 
pay the principal and interest on the indebtednesF authorized 
by the act for the purchase of the land and timber. 

An act of May 21, 1913 - authorized the state forester, 
with the approval of the forestry commission, to hire such 
assistants as were necessary and to cooperate wdth the 
Federal government for the promotion of forestry work 
in the state. 

By an act of April 21, 1915^ the state forestry commis- 
sion was authorized to accept, reforest, protect and man- 
age any tract of land adapted to forest growth that should 
be deeded free of cost to the state. The donors of such 
tracts, their heirs or assigns, might repurchase such lands 
within ten years by a payment of the cost of all improve- 
ments and interest thereon at four per cent per annum. 
After ten years the land, or the timber thereon, might, 
with the approval of the governor and council, be sold by 
the commission to the highest bidder after due advertise- 
ment. Not more than twenty-five acres were to be thus 
reforested for any one person, firm or coporation. This 
act also authorized the state forester to furnish planting 
plans and trees free of charge to counties, municipalities, 



1. Session Laws, N. H., 1911. ch. 130. p. 133. Cf. Act April 7. 1915. S. L. ch. 207, 

authorizing acquisition of 6,900 acres in Conway. 

2. Session Laws, N. H., 1913, ch. 1,59, p. 696. 

3. Session Laws, N. H., 1015, ch. 163, p. 221. 



74 FOREST LAW IN AMERICA 

and public institutions, provided the recipients paid the 
expenses of planting the trees. 

New Jersey. A New Jersey act of March 22, 1905 ^ es- 
tablished a state board of forest park reservation commis- 
sioners consisting of five members. This board was author- 
ized to acquire the fee simple title or any easement or profit 
a prendre that it might deem desirable for the state, by 
deed, gift, devise or condemnation proceedings. Interests 
thus acquired could not be sold, aliened or encumbered 
except by act of the legislature. The board was given con- 
trol of state forest reserves with authority to forest or re- 
forest lands, cut and sell timber from reserves, and adopt 
measures of encouragement to the practice of forestry 
by private owners. It was made a misdemeanor to fire or 
otherwise injure the timber on the reserves. The provision 
in this act that reserve lands should be exempt from taxation 
was repealed by an act of April 13, 1908, ^ providing for 
the payment of two cents per acre by the state for local 
taxes. An amendment of March 27, 1906 ^ required a 
certification by the state attorney general that the title 
was good before land was acquired for reserves, and a sup- 
plementary act of March 24, 1906 ■* authorized the com- 
missioners to make contracts with municipalities or per- 
sons for the management of their lands for forestry purposes. 

A New Jersey act of April 18, 1906, ^ for the protection 
of forests from fire, empowered the state forest park reser- 
vation commissioners to appoint a state forest fire warden, 
to require the appointment of a fire warden in every town 
and to remove such wardens. The state warden was given 
authority to direct the work of town wardens and to re- 
quire a patrol in dangerous periods. The entire cost of 
fire control on state reservations and one-haK of that on 
other lands of any town, was made payable by the state. 
This act was amended on April 13, 1908 ^ to authorize 



1. Session Laws, Now Jersey, 1005, ch. 47. 

2. Session Laws, New Jersey, 190S, ch. 214, p. 427. 

3. Session Laws. New Jersey, 1906, eh. 46, p. 70. See Act May 8, 1907, ch. 143, author- 

izing acquisition of lands under water. 

4. Session Laws. New Jersey. 1906, ch. 25. See am'd't S. L., 1911, ch. 19. Cf. Act 

April 20, 1906. S. L. ch 136, p. 261. (State to aid in the managomentof munici- 
pal forests.) 

5. Session Laws. N. J., 1906, ch. 123. p. 221. 

6. Session Laws, N. J., 1908, ch. 213. 



ADMINISTRATION BETWEEN 1900 and 1916 75 

the comniissioners to determine the size of the districts to 
be protected by one warden and to require a report to the 
state officials of all fires. 

The act of March 22, 1905 was amended on March 14, 
1911 ^ to authorize the appointment of one or more ward- 
ens for each forest reserve who should have the same power 
as township wardens to summon male residents for fire con- 
trol and require use of equipment, payment to be made by 
the state; and an act of April 1, 1913 ^ amended section 
two of the act of March 22, 1905 by giving the state board 
powder to lease, sell or exchange forest reserve lands in 
furtherance of the purposes of the original and supplemen- 
taiy acts, but the approval of the governor to sales and 
exchanges must be obtained. All moneys derived from such 
sales, leases or exchanges were to be paid into the state 
treasury as a special fund, subject to expenditure by the 
board for any of the purposes expressed in the act. On 
February 25, 1913 ^ the chief forester employed by the 
board was designated state forester and required to act 
as secretary and administrative agent of the commission. 

On April 8, 1915 ^ a non-salaried, non-partisan Board 
of Conservation and Development, to consist of eight men 
appointed by the Governor and Senate, was estabhshed 
in New Jersey. In this board was vested all authority for- 
merly appertaining to several boards and commissions, 
including the Board of Forest Park Reservation Commis- 
sioners. The new board was required to appoint a quali- 
fied engineer, forester or geologist, as Director of Conser- 
vation and Development, at a salary of not over five thou- 
sand dollars per annum, for a term of four years. This 
board was authorized to create divisions in the Department 
of Conservation and Development and appoint an expert 
at the head of each division, the Director to be the chief 
of one such division. The Director might be removed by 
the Governor, in his discretion, after a hearing upon charges 
filed by a majority of the members of the board. Officers 



1. Session Laws, N. J.. 1911, ch. 20, p. 31. 

2. Session Laws, X. J, 1913, ch. 187, p. 339. Cf. Act Apr. 1, 1912. S. L. ch. 329. 

p. 576. authorizing the Board to make agreements by which the public might 
enjov the use of lakes and ponds privately ownsd. 

3. Session Laws, N. J.. 1913. ch. 23, p. 37. 

4. Act April S, 1915 S. L. ch. 241. 



76 FOREST LAW IN AMERICA 

and employees of the board were to be appointed and to 
hold office under the terms of a state civil service act. The 
transfer of the powers and duties of the several preexisting 
boards and commissions to the new board became effective 
June 30, 1915, except as to the State Water Supply Com- 
mission, which became effective June 30, 1916. 

Under authority of an act of April 6, 1915 ^ the Board 
of Conservation and Development received general author- 
ity to cut and sell timber from state lands or to devote any 
portion of such lands to agricultural uses, subject to the 
requirement that the welfare of the people of the state- and 
the general purpose of maintaining, improving and ex- 
tending the forest area owned by the state must be observed. 
By act of April 21, 1915^ the board was authorized to 
contract with counties or municipalities for the use of 
forest reserves as public parks on condition that the mu- 
nicipalities pay the additional costs resulting from such use. 

New Mexico. No state forest administration legisla- 
tion had been enacted in New Mexico prior to the end 
of the year 1916. ^ 

New York. On February 19, 1900 ^ a new law for the 
protecton of forests, fish and game was enacted in New 
York. Section two hundred sixteen of this act included 
within the forest preserve the county of Delaware, thus 
making the preserve include all lands then owned or there- 
after to be acquired by the state in the counties of Clinton, 
Delaware, Essex, Franklin, Fulton, Hamilton, Herkimer, 
Lewis, Oneida, Saratoga, Saint Lawrence, Warren, Wash- 
ington, Greene, Ulster and Sullivan, except lands within 
Altona and Dannemora townships in Clinton County, 
lands within the limit of any village or city, and lands not 
wild acquired by the state on foreclosure of mortgages 
to loan commissioners. Section two hundred seventeen 
defined the limits of the Adirondack park which was to 
be forever "reserved and maintained for the free use of all 



1. Session Laws, N. J., 1915, ch. 165, p. .324. 

2. Session Laws, New Jersey, 1915, oh. .SS2 p. 714. 

3. Annot. Stat. N. M.. 1915. Nothing otlier than Sec. 1350-53 from Act Mar. 18. 

1909, ch. 119 and Mar. 10, 1915, ch. 3S regarding Nat'l. For. revenue. 

4. Session Laws, N. Y.. 1900, ch. 20, p. 22, p. 61. 



ADMINISTRATION BETWEEN . 1900 and 1916 77 

the people." Section two hundred eighteen constituted all 
of the St. Lawrence River within the state, and all islands 
therein and lands held by the state along the shore, an inter- 
national park under the name "Saint Lawrence Reserva- 
tion." 

This act abolished the commission of fisheries, game and 
forests created in 1895, and substituted a forest, fish and 
game commission of five, appointed by the governor and 
senate for terms of five years, with a salary of three thous- 
sand dollars to the president, twenty-five dollars to each of 
the others, and eight hundred dollars traveling expenses to 
each. ^ This commission was charged with the control 
of the forest preserve and all public parks, including 
fire protection. Subject to the approval of the 
commissioners of the state land office they were authorized 
to purchase lands within the Adirondack park with a reser- 
vation of all timber tw^elve inches or over in diameter at 
three feet from the ground and to contract with private 
parties for exemption of their wild lands from taxation for 
state or county purposes, provided no timber, except 
spruce, tamarack and poplar over twelve inches in dia- 
meter, were cut, nor a clearing made in excess of one acre 
in each one hundred. Moneys derived from the sale or 
lease of lands within the preserve were made available 
only for the purchase of lands to extend the preserve. An 
act of April 23, 1900 ^ amended the above by the addition 
of three sections providing that the engineer of the forest, 
fish and game commission should act as superintendent of 
forests, and authorizing the commission to appoint a chief 
fire warden at an annual salary of fifteen hundred dollars 
and expenses, and three expert foresters at salaries of not 
over one thousand dollars each to act as deputy wardens 
and be employed in "reforesting the burned, barren or de- 
nuded lands in the forest preserve, and in such work as 
may tend to the improvement and increased value of the 
state forest." The superintendent was given general cus- 
tody of the forest preserve and required to report annually 
to the commission as to the timber products of the forests 
and the extent of forest fires and consequent losses. The 



1. S. L. 1900. ch. 20, sec. 150 and 152. 

2. Session Laws, N. Y., 1900. ch. 607, p. 1337. 



78 FOKKST LAW IN AMERICA 

chief fire warden was given general supervision of all town 
and district* wardens. 

On March 12, 1901 ^ a single forest, fish and game com- 
missioner appointed by the governor and senate for a term 
of four years at an annual salary of five thousand dollars 
and expenses was substituted for the commission of five 
provided in the act of the previous year. This commissioner 
was authorized to appoint a deputy at a salary of twenty- 
five hundred dollars, to hold office during the pleasure of 
the commissioner. Provision was made for two non-sal- 
aried associate commissioners, to serve only until January 
1, 1903. The forest preserve board was also abolished and 
its duties vested in the forest commissioner. In his dis- 
cretion the governor might after January 1, 1903, from 
time to time, appoint two commissioners of the land office 
to act with the forest, fish and game commissioner in ac- 
quiring lands under the provisions of chapter two hundred 
twenty of 1897, and these three were to constitute a board 
with the same powers as the former forest preserve board, 
but no lands could be acquired without the consent of the 
governor. 

On May 3, 1901 ^ chapter two hundred twenty of 1897 
was amended so as to permit the owner of forest land ac- 
quired by the state by purchase to reserve the "soft tim- 
ber" down to eight inches in diameter at the stump mth the 
right to remove it; and so as to authorize the taking of land 
subject to any lease, mortgage, or other encumbrance, not 
extending more than ten years beyond the date of purchase, 
the amount or value of such lien, encumbrance or timber 
right to be deducted from the total value of the land and 
timber. 

On April 2, 1902 ^ the section of chapter 20 of the laws 
of 1900 deahng with prosecutions for trespass within the 
forest preserve was amended. The penalty was made ten 
dollars for each tree cut, and in lieu of a moiety to the in- 
former of twenty-five dollars, or one-half if the net collec- 
tion were under fifty dollars; the new act gave the informer 



1. Session Laws, N. Y., 1901, ch. 94, p. 230. 

2. Session Laws, N. Y., 1901, ch. G52, p. 1663. 

3. Session Laws, N. Y., 1902, ch. 334. p. 896. Cf. amendment in Act April 22, 1905, 

S. L. ch. 285, p. 540 sec. 222; Act April 12, 1906, S. L., ch. 206, p. 433, sec. 224a. 



ADMINISTRATIOX BETWEEN 1900 \.XD 1916 79 

fifty dollars, or one-half if the net collection were less than 
one hundi'ed dollars. 

An act of April 5, 1904 ^ established the boundaries of 
a state park in the Catskill region, and one of April 13, 
1904 - modified the boundaries of the Adirondack park, as 
defined in section 217 of chapter twenty of 1900. On May 
3, 1904 ^ the limit of three thousand dollars per annum as 
the amount to be paid for foresters was removed, and the 
appointment of five assistant state fire wardens was author- 
ized. 

On April 4, 1908, ^ the New York forest law as contained 
in chapter twenty of 1900 and its amendments was re- 
vised and reenacted as a whole. This revision provided for 
a single forest, fish and game commissioner, appointed by 
the governor with the advice of the senate for a term of 
four years at a salary of five thousand dollars per annum 
and expenses, who was empowered to appoint a deputy at 
three thousand dollars per annum, and was given full con- 
trol in the administration of state forest lands and public 
parks. 

The forest preserve as defined by this act comprised the 
same sixteen counties with the same exceptions as the pre- 
vious law. The boundaries of the Adirondack and Catskill 
parks and of the Saint Lawrence Reservation were defined 
in full. All powers regarding the preserve and park vested 
in the commissioners of the state land office and in the comp- 
troller by the act of May 15, 1885, were transferred to the 
forest commissioner, and he was given exclusive authority 
to institute suits regarding the title to land within the state 
preserves or parks, and to secure injunctions against tres- 
pass upon the state lands. He might build roads within 
state lands, and was required to make rules for the preven- 
tion of fire and prepare and distribute literature for the fur- 
therance of the forest interests of the state. 

The unauthorized removal from state lands of timber 
having a value less than twenty-five dollars was made a 
misdemeanor, and the taking of timber of a value in excess 
of twenty-five dollars w^as declared a felony. The former 



1. Session Laws, X. Y., 1904, ch. 233, p. 427. 

2. Session Laws, X. Y., 1904, ch. 304, p. 818. 

3. Session Laws, X. Y., 1904, ch. 590. 

4. Session Laws, N. Y., 1908, ch. 130, p. 299. 



J 



80 FOREST LAW IN AMERICA 

penalty of ten dollars for each tree to be recovered in an 
action for damages or in a separate action was retained. 

The provision of the previous law regarding the designa- 
tion of two commissioners of the state land office to act with 
the forest commissioner in the purchasing of land within 
the forest preserve was retained. The owner of lands taken 
by condemnation proceedings was allowed an appeal to 
the court of claims. No payments for land purchased 
were to be made until (1) the reserved timber was cut, (2) 
or the time limit for cutting had expired or a formal re- 
lease had been executed, (3) the purchasing board was 
satisfied that no trespass on state lands had been committed, 
and (4) all rules had been complied with. 

The provisions as to the appointment of a chief fire 
warden, foresters, inspectors and other employees remained 
the same as established by chapter two hundred six of 1906, 
but section 4 authorized the commissioner to appoint a 
superintendent of forests and assistant superintendent. 

The law regarding the operation of railroads remained 
substantially unchanged, but the net collections for all 
fines were made available for use in the enforcement of the law. 

By an act effective May 25, 1909 ^ the salary of the 
commissioner of forestry in New York was increased to 
six thousand dollars, and the scope of the duties of the su- 
perintendent of forests was extended. This act modified 
the procedure in enforcing the rights of the state within the 
forest preserve, and to section fifty-six of the forest law 
authorizing the use of streams by persons logging lands 
within the preserve were added provisions requiring the 
lopping of limbs and branches from all trees cut within the 
forest preserve. The greater part of this act related to the 
organization of fire districts and the construction of means 
for controlling forest fires in the Adirondack region, but 
it also required the superintendent of forests to annually 
report to the commissioner the amount of lumber and wood 
used for commercial purposes that was grown within the 
state, and imposed a penalty of one hundred dollars for 
a refusal of any manufacturer or consumer to furnish 
him information of this character. 



1. Session Laws, N. Y., 1909, chap. 474, p. 1136. 



ADMINISTRATION BETWEEN 1900 AND 19 It) 81 

An act of April 5, 1910 ^ authorized the reforestation of 
land within the state forest reserves, the propagation or 
purchase of forest trees for such purpose, and the selling 
of young trees at cost to citizens for the reforesting of lands 
within the state; and one of June 24, 1910- gave the 
forest commissioner power to bring any action in the name 
of the people regarding lands in the preserve that any 
private owner could bring. 

By an act approved July 12, 1911 ^ a conservation de- 
partment, with three distinct divisions, namely, lands and 
forests, inland waters, and fish and game, was created in 
New York. The Conservation Commission which, with a 
few exceptions, was to succeed to all the powers of the 
forest purchasing board, the forest, fish and game commis- 
sion or commissioner, the commissioner of water power on 
Black River and the state water supply commission, was 
to consist of three members appointed by the governor, with 
the advice of the senate, for terms of six years at a salary 
of ten thousand dollars per annum and expenses, each. No 
one interested in lumbering or hydrauUc power within the 
forest preserve counties was to be ehgible to appointment 
as a commissioner or as other high officer, of which there 
were several with very large salaries provided. 

This commission was authorized to purchase or condemn 
forest lands, with the consent of the governor; to administer 
all laws regarding tree culture, reforestation and manage- 
ment of parks or other state lands, and to establish and 
maintain forest nurseries upon any unused lands of the 
state for reforestation purposes. 

On April 16, 1912 ^ the whole New York law directed 
especially to the conservation of forests within the state 
preserve and parks and to other so-called waste or forest 
land was revised and reenacted. In the enumeration of 
the general powers of the conservation commission given 
in section fifty-three of this new conservation act, it was 
provided that the commission should cause investigations 



1. Session Laws. N. Y., 1910. chap. 72, p. 11.5. See Act May 26, 1910, S. L. eh. 260. 

p. 642. repealing ch. 463 of 1909. which was entitled "An Act to create a forest 
reservation in the highlands of the Hudson, west of Hudson, etc." 

2. Session Laws, N. Y., 1910, ch. 6.57, p. 17,5.3. 

3. Session Laws, N. Y., 1911, ch. 647, p. 1496: See also Act July 28, 1911; S. L. ch. 

835, p. 2343 (regarding penalties and app: upriation) ; Act July 28, 1911, S. L., 
ch. 851, p. 2382 (Syracuse forest school.) 

4. Session Laws, N. Y., 1912, ch. 444, p. 883. 



82 FOREST LAW IN AMERICA 

to be made as to reforestation, prevention of fires, rate 
of growth, periodic yield, and other subjects necessarily 
incident to the practice of forestry. Not only was the com- 
mission given all powers relating to the forest preserve and 
the Adirondack and Catskill parks formerly vested in the 
forest purchasing board and the forest, fish and game com- 
mission, but they were authorized to accept gifts or devises 
to the state of the fee or any other estate in lands to be used 
for forestry purposes, or to accept money for the acquiring 
or improving of realty for forest purposes. They were 
given the right to inspect all public parks and reservations, 
and authorized to cooperate with the commissioners of 
the Palisades Interstate Park and other state commissions 
and officers regarding the lands under their charge and the 
care and preservation and improvement of the forests 
thereon. 

This act authorized the employment of such foresters, 
in addition to the superintendent and assistant superin- 
tendent of forests, as should be necessary, and the employ- 
ment of a forest pathologist. The commission was given 
full power to establish nurseries or purchase forest trees for 
the reforestation of any forest, park or other lands of the 
state, including the lands held by state institutions, and, 
with the consent of the tribes, to reforest lands within In- 
dian reservations. Stock grown in state nurseries might 
also be planted on private lands under such contracts, terms 
and conditions as the commission should consider in the 
public interest, or be sold to inunicipalities or private owners 
at not more than the cost of production for the reforesting 
of lands ^vithin the state. The use of convict labor in state 
forestiy work and the transportation of nursery stock by 
common carriers free, or at special rates, was authorized. 
Trees and shrubs, other than forest trees, might also be 
propagated for use in highways or at state institutions. 

The sections of the previous law regarding trespass upon 
lands, determination of title to lands, and partition of 
lands in which the state claimed an interest, and those re- 
garding the acquisition of lands, were revised. Owners of 
land purchased or appropriated by the state were authorized 
to "reserve the trees thereon eight inches or more in diameter 



ADMINISTRATION BETWEEN". 1900 AXJJ .010 Sd 

breast high," at the time of purchase or service of notice, 
if made within six months from the notice of appropriation. 
The restriction of the former law as to the reservation of 
timber within twenty rods of a lake, pond or river, and as 
to the time and manner of removal, were retained, and the 
language of section seventy-six indicated that the right to 
reserve timber was to apply only to soft woods. The 
provisions of the previously existing law as to appraisement 
of land and timber, perfecting and transfer of title, manner 
of removal of timber and time of payment were reenacted. 

The commission was given authority to enter upon 
private forest or w^oodland for inspection relative to the 
practice of forestry and to advise the owner or occupant as 
to proper management thereof; and was empowered to 
classify separately for purposes of taxation private lands of 
five acres or more considered by the commission unsuitable for 
agriculture upon the execution of an agreement by the 
owner to reforest and manage such waste, denuded or wild 
lands for purposes of forest production according to regu- 
lations prescribed by the commission. The provisions of 
existing law regarding the patrol of the woods, the control 
of fires, the payment of the expenses of fire fighting, the 
building of the fu'es in the open, the precautions required 
by railroad operators, the closing of the hunting season 
in times of drought, and the gathering of forest statistics, 
were substantially reenacted. The salary of the secretary 
of the commission was" raised from thirty-five hundred 
dollars to five thousand dollars per annum. 

An act of May 15, 1913 ^ amended the section of the 
conservation act defining the powers of the commission 
as to the determination of the title to land by specifying 
that legal steps might be taken "in trespass, ejectment or 
other suitable action," and several amendments mostly 
deahng with problems of fire protection were contained in 
the act of May 24, 1913. ^ 

An act of April 6, 1914 ^ provided for the borrowing of 
not to exceed one hundred thousand dollars in the name 



1. Session Laws, N. Y., 1913, ch. 527, p. 1394; an amendment identical witli this was 

made by cli. 719 of Laws of 1913. 

2. See discussion under chapter regarding forest fire legislation. In section 63, deal- 

ing wth trespass upon state lands, an erroneous reference to section 110 instead 
of section 190 was corrected. 

3. Session Laws, N. Y., 1914, ch. 139, p. 417. 



84 FOREST LAW IX AMERICA 

of the state whenever the conservation commission should 
certify to the governor that an emergency exists whereby, 
through an insufficiency of appropriations, it is impossible 
to protect the forests of the state from fire ; and one of April 
23, 1914 ^ inserted a new section in the conservation law 
directing a public hearing and a certain form of procedure 
when land within the preserve was to be segregated by the 
state for reservoir purposes to meet the needs of municipal 
water supply, to supply state canals, and to regulate the 
flow of streams as authorized by an amendment to section 
seven of article seven of the state constitution, which was 
adopted by the people of the state at the general election 
of November 4, 1913 ^ and which hmited the area to be 
thus used to three per cent of the area of the forest preserve. 

On April 16, 1915 ^ chapter six hundred forty-seven of 
1911 was amended by the substitution of one conservation 
commissioner at a salary of eight thousand dollars per annum 
for the existing three members. This single commissioner, 
who was to exercise all the powers and duties formerly vested 
in the three, was to be appointed by the governor with the 
approval of the senate for a term of six years, subject to re- 
moval by the governor after public hearing. The appoint- 
ment of a deputy commissioner at six thousand dollars, a 
secretary at three thousand dollars, a superintendent of 
forests at four thousand dollars, an assistant superintendent 
of forests at two thousand five hundred dollars, an engineer 
at four thousand dollars, and two assistants at three thou- 
sand dollars each was, authorized. 

By a concurrent resolution passed at the session of 1913, 
the New York legislatiu"e proposed an amendment to arti- 
cle seven of the state constitution by the addition of a new 
section which should authorize the removal of mature, dead 
and fallen timber from the lands wdthin the state forest 
preserve, the leasing of camp sites, and the sale, under such 
provisions as should be made by the legislature, of lands 
outside the limits of the Adirondack and Catskill parks, 
the proceeds of which sales should be used for the purchase 
of other land or for reforestation of lands held by the state. 



1. Session Laws, N. Y., 1914, ch. 49.3, p. 1995. 

2. Session Laws, N. Y., 1914, p. 2373. 

3. Session Laws, N. Y., 1915, ch. 31S, p. 997. 



ADMINISTRATION BETWEEN 1900 AND 10 Ui 85 

An identical resolution was adopted by the legislature of 
1915, but on account of the inclusion in the 1915 resolution 
of the provision of the 1913 resolution as to a reference of 
the subject to the following legislature, the attorney gen- 
eral held that the question could not be submitted to the 
people as required by the state constitution. ^ 

The proposition of submitting such an amendment to 
the electorate was urged before the constitutional con- 
vention of 1915, but although this convention adopted for 
submission a constitutional amendment providing for a 
department of conservation to consist of nine non-salaried 
commissioners, one authorizing the removal of dead trees 
and timber from the state lands for the purposes of reforesta- 
tion and fire protection, and one requiring annual appro- 
priations of the legislature for forest improvement, the sale 
of timber was forbidden. The proposed amendment was 
defeated by a very large majority in the election of Novem- 
ber, 1915. 

By an act approved May 9, 1916 - article four of the 
conservation law was entirely revised and reenacted. The 
new law defined with minor changes the powers and duties 
of the commission as fixed in chapter 444 of 1912 and its 
amendments. It authorised the employment of a superin- 
tendent of forests at four thousand dollars per annum, an 
assistant superintendent at twenty-five hundred, a chief 
land surveyor at twenty-four hundred, five foresters and 
such assistant foresters as should be required for general 
purposes, a technically trained pathologist, two expert 
chief railroad inspectors, a land clerk at one thousand 
dollars, an auditor of fire accounts at eighteen hundred 
dollars, five district forest rangers at fifteen hundred dol- 
lars each, such forest rangers and fire observers as should 
be needed in the fire towns at not over seventy-five dollars 
per month, and the necessary fire wardens at not exceed- 
ing twenty-five cents per hour for the time actually em- 
ployed. 

The superintendent and assistant superintendent of 
forests, the five foresters and all assistant foresters employed 
w^ere required to be trained foresters and vacancies in the 



1. Session Laws, N. Y., 1913. p. 2230, and Session Laws. N. Y., 1915, p. 2698. 

2. Session Laws, N. Y., 1916, ch. 451, p. 1189. 



86 FOREST LAW IN AIMERICA 

positions of superintendent and assistant superintendent 
must be filled by promotion examination. All officials 
named above prior to the Auditor of fire accounts were 
placed under the competitive civil service classification. 
The rangers and observers employed by the month and the 
temporary fire wardens were excepted from competitive 
civil service classification. All of the officers named above 
except the assistant foresters, the pathologist, the land 
clerk, the auditor of fire accounts and the fire wardens em- 
ployed temporarily were given the power to arrest without 
warrant any one committing a misdemeanor under the 
provisions of the act, but all were forbidden to compro- 
mise or settle any violation without the order of the com- 
mission. 

This act contained very detailed provision as to the 
methods of fire control to be used, as to the operation of 
railroad trains through forest lands, and as to the damages 
collectible because of injury to property from fires set in the 
open. 

The previous provisions of the conservation law (Sees. 66 
to 87, Art. 4, Ch. 444 of 1912) as to the acquisition of pri- 
vate lands for State reserve pm-poses and the reservation by 
the owners of the timber thereon were incorporated in the 
new law in substantially the same form in a single section 
numbered 59. A new section (No. 61) defined under sepa- 
rate headings the restrictions which were imposed as to 
private use of land, timber and buildings \vathin the forest 
preserve area. This act defined explicitly the forest pre- 
serve, the Adirondack Park, Catsldll Park, (with a change 
of boundary), St. Lawrence reservation, John Brown farm 
and the reservation at Cuba lake in Allegany and Cattarau- 
gus Counties. The words "forest land" were declared to 
include not only lands covered with tree growth, but also 
lands which were best adapted to forests, and the expres- 
sion "forest fire" was declared to include a fire which if 
permitted to extend, would burn a forest or upon forest 
land. The towns to be considered "fire towns" under the 
provisions of the act were enumerated, and "person" 
"right of way," "fire patrolman," and "railroad company" 
were defined. 



ADMINISTRATION BETWEEN 1900 AND 10 IG 87 

The act provided penalties for the cutting of trees, set- 
ting of fires, or other offenses and reenacted in section 57 
the existing law (L. 1912, Ch. 444, Art. 4, Sec. 89) 
as to tax exemption for wild lands maintained for forest 
growth purposes. The existing provision requiring private 
manufacturers and consumers of forest products to make a 
report of the same was retained in section 58. 

Section 60 (Cf. Act March 26, 1912, S. L. Ch. 74) author- 
ized any county, city, town or school district to acquire 
lands by purchase, gift or condemnation for use for forestry 
purposes, and authorized the conservation commission to 
assist the local governing boards and furnish free stock for 
planting on such publicly owned lands. The net revenue 
of such lands was to be used by the municipal divisions 
owning the lands. 

An act, approved May 15, 1916, ^ provided 
for the issuance of State bonds in the sum of ten 
million dollars for the purchase of private lands, 
seven and one-half milHons to be expended in con- 
solidating the State holdings within the forest pre- 
serve counties and two and one-half millions for additions 
to the Palisade Interstate park. In the election of Novem- 
ber 7, 1916, the electors of the State approved the bond issue 
contemplated by this act. 

North Carolina. On March 6, 1905, ^ a new and more 
comprehensive law regarding the state geological survey 
was enacted in North Carolina. Under the provisions of 
this act, authorizing the state geologist to employ such ex- 
perts and assistants as should be deemed necessary by him- 
seK and a geological board, a forester was promptly employed. 
An act of February 6, 1909. ^ provided that upon the 
written appHcation of any owner of land lying at an eleva- 
tion of two thousand feet or more above sea level, the 
governor might in his discretion declare the land or any 
part of it "a state forest of North Carolina." Lands thus 



1. Session Laws, N. Y., 1916. ch. 569, p. 1865. 

2. Session Laws, N. C. 1905. cli. 542. p. 548. See S. L. 1911. ch. 211, providing fur- 

ther means of disseminatint: inforpaation obtained. Cf S. L. 1901 ch. 17, authorizing 
the acquisition of national forests (Same in Pell's Revisal, 1908, Sec. 54.30) : and 
S. L., 1903, p. 1183, providing for examination by geological survey of need for 
sucli forests 

3. Session Laws, N. C,, 1909, ch. 89, p. 107. Same in Suppl. 1911, to Pell's Revisal, 

1908, Sees. 4434a-4434f. 



88 FOREST LAW IN AMERICA 

classified by the governor were to remain state forest for a 
period of thirty years. The owners of tracts thus classified 
were required to manage the forest in a conservative man- 
ner according to a working plan to be approved by the 
state geological and economic survey, and to pay an annual 
county school tax of one-half cent per acre. The governor, 
with the approval of the county commissioners, might ap- 
point as state forest wardens men designated by the owners, 
but these wardens were to receive no compensation except 
from such owners. These wardens might arrest, without 
warrant, for offenses against the state laws for the pro- 
tection of forests, were required to protect the forest par- 
ticularly against fire, and were given the same privileges 
and protection as sheriffs. 

By an act of March 9, 1915 ^ the governor of North 
Carolina was authorized, upon the recommendation of the 
geological board, to accept gifts of land to the state for the 
demonstration of the practical utility of timber culture, 
water conservation, and as refuges for game. The state 
geological board were authorized to purchase lands for 
state forest purposes, as funds should become available, 
upon which county taxes should be paid by the state upon 
the same basis of assessment as private lands were taxed. 
All moneys received from the sale of wood, timber, minerals 
or other products from state forests were made available 
for general forestry purposes. An act of March 9, 1915, ^ 
vesting general authority for the control of forest fires in 
the state geological board, made the forester of such board 
the state forester and ex-officio state forest warden with 
the authority to appoint township and district forest 
wardens, subject to the approval of the board. 

North Dakota. On March 11, 1913 ^ the state of North 
Dakota created thei office of state forester, which should be 
filled by the president of the state school of forestry; es- 
tablished a forest tree nursery at such school, and required 
the state forester to grow and distribute tree seeds and seed- 



1. Session Laws, N. C, 1915. ch. 253. p. 329. 

2. Session Laws. N. C. 1915, cli. 243, p. 319. 

3. Session Laws. N. Hiik.. 1913. ch. 170. p. 233 (Comp. L. 1913. sec. 1679a to 1679d.) 

Cf. Act Marcli 19, 1907, ch. 100. doflninn scope of instruction at state scliool of 
fore-stry. (Comp. L. 1913. sec. 167-1-1()79.) and Act March 11. 1909. S. L. ch. 
125. p. 135. providing for forest flre wardens. See S. L.. 1911. ch. 193; same in 
Comp. L., 1913, sec. 1950a regarding national forest revenue. 



ADMINISTRATION BETWEEN 1900 AND 1916 89 

lings to citizens and land owners of the state upon payment 
of cost of transportation from the nursery to the place of 
planting and an agreement to plant according to the in- 
struction of the forester. The applicant was also required 
to pay for the services of skilled assistants for which appli- 
cation was made. The forester was also required to do ex^ 
tensive educational work. 

Ohio. On March 17, 1906 ' the act of April 16, 1885, 
establishing a state forestry bureau at the state university 
at Columbus, was repealed and a department of forestry 
was established at the state agricultural experiment station 
at Wooster. In addition to the investigation of the char- 
acter and extent of the waste and decay of forests, the sug- 
gestion of legislation and the maintenance of an experi- 
mental station authorized in the earlier act, the act of 1906 
specifically required investigations as to the species suitable 
for planting, the cost and best methods of managing woods, 
the rate of growth and relative value of different species, 
and the methods of treatment to prevent decay. Coopera- 
tion with the United States was authorized on condition 
that the amount expended by the state should not exceed 
the amount extended by the Federal government. No 
extra compensation for the forestry work was allowed by 
the board of control. 

An act of May 3, 1913 - creating an agricultural com- 
mission for the state of Ohio repealed the provisions of the 
act of March 17, 1906 (as contained in sections 1166 to 
1170 of the Page and Adams General Code of 1910), but 
section 110 of the new law vested in the agricultural com- 
mission the former duties of the board of control and sec- 
tion 111 authorized cooperation with the federal govern- 
ment in forestry work without the restriction that the state 
expenditure should not exceed that of the federal govern- 
ment. Section 93 of the new act required scientific forestry 
research at the state agricultural experiment station and 
section 98 required that county experimental farms be used 
for forest demonstration purposes. Authority for the con- 



1. Session Laws, Oliio, 1906, vol. 98, p. 54. 

2. Session Laws, Ohio, 1913, Vol. 103, p. 304, sees. 93, 98, 110, 111. Same in Suppl. 

to Gen. Code. pub. 1916, sees. 1170, 1171-4, 1175, 1177-10, 1177-11. 



90 :^OREST LAW IN AMERICA 

tinuance of the forestry department at the experiment 
station was imphed in the language of section 95, pro- 
viding that the director of the agricultural experiment 
station should have authority to select the necessary chiefs 
of departments. 

An act of April 8, 1915, ^ reestablishing a board of con- 
trol for the state agi'icultural experiment station, reenacted, 
in sections 1171-4, 1175, 1177-10 and 1177-11, the provisions 
of the act of May 3, 1913 as to forestry work with the ex- 
ception that general supervision over such work was vested 
in the board of control. 

An act of June 4, 1915, ^ authorized the board of control 
of the experiment station to buy forested land or other 
land suitable for the growth of forest trees, at a price of 
not over ten dollars per acre to the amount that should be 
appropriated. These lands were to be Iniown as state 
forests. The board was given full custody of such lands 
with authority to plant, protect and manage forests thereon. 
With the consent of the attorney general, this board might 
sell such portions of such forests at not less than the cost 
with interest thereon. The act carried an appropriation 
of ten thousand dollars for purchases. 

Oklahoma. Although there are large areas of pine and 
oak in the eastern part of the state owned privately, no 
forest legislation of an administrative character had been 
enacted in Oklahoma prior to January 1, 1917. ^ 

Oregon. On February 22,1905'* provision was made in 
Oregon for the appointment of a forest fire ranger in each 
county of the state, to be paid by the property owners re- 
questing such appointment. No appropriation was made 
by the state. An Oregon act, filed February 23, 1907, ^ 
repealed the act of 1905 and created a state board of forestry 
of seven members without compensation. This board, 
with the governor as chairman, was authorized to appoint 



1. Session Laws, Ohio, vol. 105, p. 122. Same in Suppl. lOlG to Code 1910, sees. 1171-4 

1175, 1177-10, 1177-11. 

2. Session Laws, Oliio, vol. 106, p. 540. Same in Suppl. 1916 to Code of 1910, sees. 

1177-lOa, 1177-lOd. 

3. Rev. Laws, I'.tlO, see. 432 (street), sec. 6642-43 (boundary line), all refer to owner- 

ship of trees; Annot. Code, 1915, IJurns. contains no new law. 

4. Session Laws, Oregon, 1905, ch. 227, p. 397. 
6. Session Laws, Oregon, 1907, ch. 131, p. 241. 



ADMINISTRATION BETWEEN 1900 AND 19 IG 91 

fire wardens where they deemed the services of wardens 
necessaiy and to appoint others, at the request of county 
officials or private owners, who should be paid by the counties 
or the owners making' the request. The board was given 
no administrative duties other than those connected with 
forest fire protection, and with very limited annual appro- 
priations little more than an education of the public as to 
the need of forest protection could be accomplished. 

By an act that became effective February 24, 1911, ^ 
Oregon repealed chapter one hundred thirty-one of 1907 
and substituted a much more comprehensive act. The 
new law created a state board of forestry of which the five 
members, beside the governor and the head of the forest 
school of the state agricultural college, should be appointed 
upon the recommendation of associations representing 
various interests. This board was required to appoint a 
practical forester at a salary not exceeding three thousand 
dollars per annum, who might select a deputy at not over 
eighteen hundred dollars per annum. 

The forester, under the direction of the Board, was to 
have executive control of all forestry work in the state, 
including forest fire protection. The act contained provi- 
sions as to camp fires, the operation of railroads and the 
disposal of slashings, and appropriated sixty thousand 
dollars for general forestry purposes, including salaries. 
County boards were authorized to appropriate money for 
forest protection. - 

An act of February 25, 1913 ^ provided that such lands 
as should be acquired by the State of Oregon from the 
United States in lieu of school sections included within the 
Santiam national forest should be withdrawn from sale for 
fifty years and administered by the board of forestry as a 
state forest, the revenue from w^hich should be devoted to 
the common schools of the state, and such forest was made 



1. Session Laws. Cfregon, 1911, ch. 278, p. 475. 

2. See Act of February 21, 1913, S. L. ch. 90, p. 154, authorizing county judges to 

issue permits for burning, and Act of February 26, 1913, S. L. ch. 247, p. 483, 
requiring residents to protect own lands, failing which the state should protect 
at cost not over five cents per acre per annum with lien on land therefor. See 
S. J. R. No. 26 S. L. 1911, p. 613 requiring inquiry as to faults of this law. 

3. Session Laws, Oregon, 1913, ch. 124, p. 221. 



92 FOREST LAW IN AMERICA 

available to the state school of forestry for demonstration 
purposes. 

Pennsylvania. On February 25, 1901 ^ a Department 
of Forestry was established in Pennsylvania. The Commis- 
sioner of Forestry, who was to receive a salary of three thou- 
sand dollars per annum and expenses, together with four 
other citizens to be appointed by the governor and senate 
were to constitute the State Forestry Reservation Com- 
mission. This commission, the members of which were 
to be appointed for terms of four years each, was authorized 
to purchase at a rate not exceeding five dollars per acre, 
any lands that it considered necessary for state forest pres- 
ervation purposes. It was given power to prescribe rules 
of management, to sell timber and to lease forest lands for 
mining purposes. One-half of the revenue derived from for- 
est reserves was to be paid to the township within which 
the land was situated. Forest reserves were exempt from 
taxation, but the expenditure of twenty-five dollars per 
annum on roads within the forest, and one-half that 
amount upon roads bordering the reserves, was authorized. 
Heavy penalties for trespass or the setting of fires upon the 
reserves were provided. An act of March 25, 1903 ^ 
provided for a deputy commissioner of forests at a salary 
of two thousand five hundred dollars and additional cleri- 
cal assistance was given. 

On March 11, 1903 ^ forest officers were given the power 
to arrest without warrant any person detected violating 
the forest laws within or adjacent to the reserves, and one 
of April 15, 1903 ■* limited further expenditures in the 
purchase of forest reserves to three hundred thousand dol- 
lars in each fiscal year, but made future proceeds from the 
reserves available for administrative expenses and the 
purchase of other lands. 

A school for the training of forest wardens for state ser- 
vice was provided for in an act of May 13, 1903 ^ directing 



1. Session Laws. 1901, No. 9. p. 11. 

2. Session Laws, 1908, No. 50, p. 60. 

3. Session Laws, 1903, No. 29, p. 24. 

4. Session Laws. 1903, No. 146, p. 201; of. Laws 1903, p. 200, anthorizin? rights of 

way for street railwa.vs through state forest reserves, and 1903. p. 454, direct- 
ing" the establishment of a sanatorium within a state forest reserve. 

5. Session Laws, Pa., 1903, No. 295. p. 373. 



ADMINISTRATION BETWEEN 1900 AXD 19 IG 93 

the acquisition of land and buildings suitable for such pur- 
pose near the Mount Alto State Forestry Reservation. 

The exemption of large areas of state forest lands from 
taxation aroused the opposition of local communities, and 
on April 5, 1905, ^ the legislature authorized an annual 
payment of three cents per acre for schools and two cents 
per acre for general township purposes for the benefit of 
the political subdivisions within which the reserves were 
located. On May 13, 1909 - the amount to be paid for 
school purposes was reduced to two cents per acre and such 
payment was made conditional upon the collection of a 
school tax of four mills on each dollar of the assessed valua- 
tion of property in each district entitled thereto. 

A Pennsylvania act of June 13, 1907, ^ as approved 
by the governor, appropriated five hundred thousand dollars 
for the purchase of state forest reserves. 

An act of March 28, 1905, ^ regjilating the disposal 
of vacant or unappropriated state lands provided that 
whenever the application for the purchase of such lands 
was received by the secretary of internal affairs, said 
secretary was to furnish the state forestry reservation com- 
mission a copy of the application and a description of the 
land. It was made the duty of such commission to then 
ascertain whether it was desirable or practicable to acquire 
such land for forest culture or forest reservation purposes. 
Upon request of the commission the secretary of internal 
affairs for the state was required to convey such lands to 
the state. 

An act of April 22, 1909 ^ authorized the department of 
forestry to grow and distribute, to all persons who would 
plant and care for them, young trees in such quantities 
and under such conditions and regulations as the depart- 
ment should prescribe, at a charge not exceeding the cost 
of production and the cost of transportation to the place 
where they were to be planted under the direction of the 



1. Session Laws. Pa., 1905, No. 81. p. 111. 

2. Session Laws, Pa., 1909, No. 556, p. 744. 
.3. Session Laws, Pa., 1907, p. 742. 

4. Session Laws, Pa., 1905, No. 50, p. 67. Amended in minor particulars on May 

3, 1909, P. L. No. 231, p. 413. 

5. Session Laws, Pa., 1909, No. 69, p. 115. See new act of April 21, 1915, S. L. 

No. 76, p. 155, authorizing a distribution free of cost except for the boxing and 
transportation. 



94 FOREST LAW IN AMERICA 

department; and another act approved the same day au- 
thorized cities and other municipahties of the state to es- 
tabhsh and maintain forests for commercial gain. ^ 

An act of July 31, 1913- authorized the department of 
forestry to designate certain foresters of the state service 
as district foresters who should give special attention to 
educational work, .the encouragement of farmers in the 
maintenance of farm woodlots and to other phases of 
private forestry; and three other acts of the year 1913 ^ 
provided for the encouragement of the establishment and 
maintenance of private forests which should be considered 
as auxiliary state forests and be entitled to exemption from 
taxation because of the public benefit to be derived there- 
from. These laws were enacted to accomplish a purpose 
that had been defeated through the action of the courts 
in declaring unconstitutional in 1906 and in 1908, respec- 
tively, the acts of April 8, 1905 (No. 88) and April 20, 1905 
(No. 179) providing tax exemptions on private forests. 

An act of April 21, 1915 ■* required counties to offer 
to the state for forest purposes lands taken by them for 
non-payment of taxes; an act of May 14, 1915 ° authorized 
the department of forestry to pay as high as ten dollars an 
acre for forest land; and one of June 3, 1915^ established 
a bureau of forest protection in the state department of 
forestry. 

Rhode Island. A Rhode Island act of April 6,1906^ au- 
thorized the appointment of a commissioner of forestry 
who should gather and publish information regarding for- 
ests within the state. Amendments of April 30, 1907 and 
May 5, 1909 respectively provided for an increase in the ex- 
pense allowance to five hundred dollars annually and for an 
increase in the annual salary of the commissioner to one 



1. Act of April 22, 1909, S. L. No. 79, p. 124. 

Cf. Acts of Jan. 8. 1011, p. 70.5 and .Juae 4, 191.5, No. 382, p. 816, both authoriz- 
ing thf) granting of rights of way tlirough stato forests; acts of Juno 15, 1911, p. 
961 ^nd Apr. 16, 191.5, No. 6.5, p. 1.35, regarding game preserves within forests; 
and Act of Mar. 27, 1913, No. 16, p. 12 autiiorizing leases of portions of forest for 
church, school health or recreation purposes. 

2. Session Laws, Pa., 1913, No. 414, p. 864. 

3. Acts of June .5, 1913, S. L. Chapters 269. 270 and 284 on pages 405. 40S and 426 

(all three acts approved Jinie 5, 1913i. 

4. Session Laws, Pa.. 1915, No. 68. p. 140. 

5. Session Laws, Pa., 191.5. No. 198. p. 481. 

6. Session Laws, Pa., 191.5, No. 3.53, p. 797; Cf. Act Apr. 21, 191.5. No. 77, p. 156, 

forest officers to enforce forest, flsh and game law. 

7. Session Laws, HLiode Island, 1903, ch. 1332. 



ADMINISTKATION BETWEEN 1900 AND 1910 95 

thousand dollars. ^ Very complete provision for a sys- 
tem of town fire patrol and control under the supervision of 
the state commissioner had been made in five successive 
acts passed prior to January 1, 1917. ^ 

South Carolina. No legislation for a state administra- 
tion of forest protection or extension had been enacted in 
South Carolina before the close of the year 1916. ^ 

South Dakota. The only forest legislation of an ad- 
ministrative character enacted in South Dakota between 
1900 and 1916 was contained in an act of February 23, 
1911 ^ which authorized the commissioner of school and 
public lands to employ a forest supervisor and to delegate to 
him the administration of the forest land then or thereafter 
owned by the state. The forest supervisor was to be ex- 
officio game warden and to have authority to employ such 
assistance as he should deem necessary in case of a forest 
fire upon or near lands owned by the state. 

Tennessee. ATennesseeact of April 15, 1905,^ created 
a Department of Game, Fish and Forestry. The governor 
was required to appoint, octennially, a non-salaried state 
warden who might employ a secretary, without expense to 
the state, and who might also appoint a citizen of each county 
as a county warden and such special wardens at large as he 
should think necessary. The county wardens were au- 
thorized to appoint deputies. All wardens and deputies 
were required to give bonds, were removable for cause by 
the state warden, and were given the rights, powers and 
authority of county sheriffs as to the enforcement of the 
state laws for the protection of the game, birds, fish and 
forests of the state. 

An act of March 26, 1907 ^ modified the procedure as 
to the arrest and trial of persons accused of violating the 



1. Session Laws, R. I., 1907, ch. 146.5: S. L. R. I. 1909, ch. 422. 

2. Acts of Apr. 23, 1909, S. L. ch. .395; Act May 7, 1909, S. L. ch. 451; Act May 2- 

1910, S. L., ch. .587; Act Mar. SI. 1911, S. L., ch. 664; Act Apr. 14. 1916, S. L. 
ch. 1396, p. 173 (For provisions see following chapter.). 

3. See Sess. L. S. C. 1901 ch. 23 p. 609 (Same in Ci\il Code 1912 Sec. 12) ; and S.L. 1915, 

No 52, p. 63 re acquisition of National Forests. 

4. Sess. L. S. Dak., 1911, ch. 224. Sec. 78 on p. 374; cf. act Mar. 9, 1909 S. L. ch. 268. 

p. 414 and act Mar. 14, 1913 S. L. ch.216 p. 299 re bounties, discussed in chapter 
V of this book. See also acts Mar. 2. 1907, S. L. ch. 154, p. 234, and Mar. 7, 1911 
S. L. ch. 160, p. 195 re funds derived from National Forests. 

5. Session Laws, Tenn., 1905, ch. 455, p. 954 

6. Session Laws, Tenn.. 1907, ch. 185, p. 639. 



96 FOREST LAW IX A:\rERTCA 

state game, fish and forest laws and made the terms of all 
county, special and deputy wardens expire on July 1 of 
each year and required new bonds from all persons reap- 
pointed, as well as from new appointees. 

A Tennessee act of April 13, 1907 ^ comprised new pro- 
visions as to the protection of public and private lands from 
timber trespass and from forest fires. This act made it the 
duty of the state Department of Game, Fish and Forestry 
to gather statistics and other information relative to the 
forest interests of the state, the destruction by fire and by 
wasteful cutting and the effect upon water powers and cli- 
mate of the diminution of the wooded surface of the state; 
and to determine the means expedient to the safeguarding 
of the future forest interests of the state. The act required 
that the said department investigate and determine what 
public lands the state should retain and devote to forestry 
purposes and vested in it the "care, custody control and 
superintendence of the lands herein or hereafter set apart 
for or becoming a part of the forestry reserve" and required 
it to "provide for the reforestation of the denuded lands 
so set apart and belonging to the state by planting and 
preserving forest trees, establishing and maintaining fire 
lines, and a system of fire patrol in the forestry reserve 
thus created." The department was required to ascertain 
the best methods of preventing forest fires, of reforesting 
waste and cut over lands, of encouraging private forestry 
and of the conservation of forest tracts upon watersheds. 
The duty of controlling forest fires was vested in this de- 
partment. The purpose of creating public forests on lands 
primarily adapted to forest growth was announced and the 
acceptance of such land when presented by private parties 
was authorized. The department was authorized to co- 
operate with the federal bureau of forestry in gathering 
information and directed to report to the next legislature 
upon the needs and possibilities as to state forest reserves. 

The act of April 13, 1907 was probably repealed by a 
fish and game law of May 17, 1915. - 



1. Session Laws, Tenn. 1907, ch. 397, p. 1336; cf. Act Apr. 7. 1903, S. L., ch. 444 (fel- 

ony to cut timber on state land) ; and see 8. L. 1901, ch. 47, consent to acfiuisition 
of national forests. 

2. Session Laws, Tenn., 1915, ch. 152, p. 423, for whicli see Tennessee in following 

cliapter. 



ADMINISTRATION BETWEEN 19C.0 AND iniG 97 

Texas. By act of March 31, 1915, ^ the legislature of 
Texas required that the Board of Directors of the State 
Agricultural and Mechanical College appoint a technically 
trained forester, at a salary not exceeding three thousand 
dollars per annum, who should, under the supervision of 
the said board, have full charge of the administration of 
the laws for the protection, management and replacement 
of forests within the state. Cooperation with counties, 
towns, corporations and individuals in the preparation of 
plans for forestry practice was authorized, the parties re- 
ceiving such assistance being required to pay the field ex- 
penses. Cooperation with the federal government was 
also specifically authorized. 

The same act authorized the governor, upon the recom- 
mendation of the said board of directors, to accept gifts of 
land to be held, administered and protected as state forests 
and empowered the said board to purchase lands, suitable 
chiefly for the production of timber, for state forest purposes, 
from special appropriations or from any unappropriated 
surplus in the state forestry fund which was to be derived 
from sales of wood, timber, minerals or other products from 
state forests and from penalties for trespass thereon. 

Utah. Prior to January 1, 1917 no forest administrative 
legislation had been enacted in Utah other than the act 
of April 2, 1896, requiring the state board of land commis- 
sioners to set aside timber land for the protection of the 
forest and irrigation interests of the state, and forbidding 
the sale of trees under eight inches in diameter from such 
lands, except that the provision permitting settlers to use 
dead timber and trees under eight inches of certain named 
species was amended in 1899 - so as to permit them to use 
for their own domestic purposes living timber or trees under 
eight inches of all species. 

Vermont. A Vermont act of December 9, 1904 ^ re- 
quired that the governor designate one member of the board 
of agriculture as forestry commissioner. This commissioner 



1. Session Laws, Texas, 1915, ch. 141, p. 220. 

2. Compiled Laws, Utah, 1907, sec. 2.340. See S. L., 1907, p. 221, same in Comp. 

L., 1907, sees. 1068x-1068x3 regarding national forest reserve. 

3. Session Laws, Vt., 1904. No. 16, p. 19. 



98 FOREST LAW IIST AMERICA 

was charged with special duties in the administration of 
the provisions of the act and regarding the protection of 
forests from fire, town selectmen being required to report 
to him and he having power to appoint fire wardens in un- 
organized towns. 

A Vermont act of December 16, 1906^ appropriated 
five hundred dollars annually for five years for the establish- 
ment and maintenance of a forest niu'sery at the Vermont 
Agricultural Experiment Station, which was required to 
fiu-nish all apphcants who were residents or land owners 
of the state with material for planting at actual cost. The 
forestry commissioner was required to furnish suitable 
instructions for planting, and, so far as he was able, skilled 
assistance and supervision, to be paid for by the apphcant. 

On December 18, 1908 ^ the Vermont State Board of 
Agricultm-e was aboUshed and a board of agriculture and 
forestry, to consist of the governor, the director of the state 
agricultural experiment station and two appointive mem- 
bers, was created. The members of this board were to 
receive only their expenses. They were required to appoint 
a professionally trained forester at a salary not exceeding 
twenty-five hundred dollars per annum and necessary ex- 
penses, who was to act as state fire warden, was given 
charge of the state reserves and forest nurseries, and re- 
quired to conduct experimental and educational work. 
All the duties prescribed for the state forestry commissioner 
in chapters sixteen and seventeen of the laws of 1904, re- 
garding fire protection and supervision of forest plantations, 
and chapter fifteen of 1906 as to assistance to private plant- 
ers were devolved upon the state forester. 

The act authorized the governor, upon the recommenda- 
tion of the board, to accept gifts of land to the state as 
forest reserves. The proceeds of such reserves might be 
used by the board at its discretion in the furtherance of the 
forestry interests of the state. The state was required to 
pay taxes on the forest reserves, and futher authority for 



1. Session Laws, Vt.. lOOfi, No. 15. Pub. St. 1906. ch. 24, soc. .364-367. Cf. Act Nov. 

1.5, 1910, S. L., 170 Regulating the cutting of Christmas trees. 

2. Session Laws, Vt., 1908, No. 11. See ,Joint Resolution of Jan. 14, 1911, No. 479. 

providing a non-salaried commission of conservation for a period of two years 
to investigate regarding natural resources of the state. 



ADMINISTRATION BETWEEN 1900 AND 19 IG 99 

nursery work and distribution of trees was given state 
officials. 

The powers and duties of the state forester in relation to 
forest fire control were modified by an act of January 27, 
1911, ^ giving him authority to appoint wardens in unor- 
ganized towTis, to estabhsh patrol and fire districts within 
towns, and to cooperate with private parties in fire control. 

An act of February 13, 1913 ^ authorized the state 
forester, with the consent of the governor, to purchase 
lands to be held, protected and administered as state forests un- 
der the provisions of section three of the act of December 18, 
1908. An annual expenditure of twenty-five hundred dol- 
lars for the purchase, survey and reforestation of such lands 
was authorized. 

Under an act of January 28, 1911, ^ regulating mining 
operations on state lands, the state forester was required 
to determine the value of the trees cut by miners. On 
February 26, 1915 "^ a new section was added to this 
act making it inapphcable to state forests and authorizing 
the state board of agriculture, with the approval of the 
auditor of accounts, to lease or sell mine or quarry sites 
within the state forests and use the proceeds in furtherance 
of the forest interests of the state. 

Under an act of April 1, 1915, ^ providing for town or 
city school endowment forests, the state forester w^as given 
important responsibilities. 

Virginia. A Virginia act of March 21, 1914 ^ created a 
state geological commission of five members, consisting 
of the governor, the heads of three leading educational in- 
stitutions, and one other citizen. The members of the 
commission, who were to serve for terms of four years, were 
required to appoint a technically trained man as state for- 
ester. The geological commission was directed to ascertain 
the best methods of reforesting cut over and denuded 
lands, foresting waste lands, preventing the destruction 



1. Session Laws, Vt., 1911, No. 20; See also amendments in Act of Jan. 11, 1913, S. 

L. 1911, No. 27; and forest taxation acts of 1912, Nos. 40 and 41, and census of 
forest products. Act of Dec. 12, 1912, No. 46. 

2. Session Laws, Vt., 1912, No. 28. Cf. Act Dec. 14, 1912, No. 29, authorizing 

erection of lookout and buildings on state forests. 

3. Session Laws, Vt. 1911, No. 171. 

4. Session Laws, Vt., 191.5. No. 22. p. 83. 

5. Session Laws, Vt., 1915, No. 24, p. 84. 

6. Session Laws of Virginia, 1914, ch. 195, p. 305. 



lOU FOREST LAW IN AMERICA 

of forests by fire, administering forests, encouraging pri- 
vate forest practice, and the conservation of forest tracts 
on watersheds of the state. 

The state forester, at a salary not exceeding two thou- 
sand doHars per annum and expenses, was given the di- 
rection of all forestry work within the state, required to 
prevent forest fires, enforce the laws, collect information, 
direct improvement work on forest areas, investigate the 
relationship of forests to stream flow, conduct educational 
work at the Universty of Virginia, and cooperate with 
counties, municipalities, corporations and individuals in 
preparing plans for the practice of forestry, the parties as- 
sisted being required to pay the field expenses of the men 
employed. 

The geological commission was empowered to purchase 
lands suitable for state forest reserves, at not exceeding 
ten dollars per acre, and to accept gifts of land and money 
to the state for forestry purposes. Gifts of land to the state 
must be absolute, except that the minerals therein and the 
right to mine the same might be reserved. All lands pur- 
chased or accepted were to be held, protected and ad- 
ministered as forest reserves. The commission was author- 
ized, upon the recommendation of the state forester, to sell 
so much dead, matured or large growth of trees as should be 
compatible with the purpose for which the reserves were 
created. The act also authorized the sale of gas, oil or 
other valuable minerals from reserve lands. The net re- 
ceipts from the sale of timber products or minerals and from 
penalties collected for violation of the act were declared to 
constitute a forest reserve fund, applicable by the commis- 
sion to purposes of protection, management, replacement 
and extension of the state forest reserves. Th« cutting of 
trees or building of fii^es upon reserves otherwise than in 
accordance with regulations to be made by the commission 
were declared misdemeanors. 

The act also authorized the establishment of forest nur- 
series to furnish seedhngs mthout cost to the state for use 
upon forest reservations or other public grounds, and to 
private land owners and citizens of the state under rules to 
be prescribed by the commission. Cooperation with the 
United States in forestry work was permitted on condition 



ADMINISTRATION BETWEEN 1900 AND 19 lU 101 

that the Federal Government spend an amount equal to 
that expended by the state. 

An act of March 20, 1916 ^ amended and reenacted the 
Virginia forest act of March 21, 1914 (ch. 195). The only a- 
mendments of importance consisted in the stipulation in section 
one that the members of the state geological commission should 
serve wdthout compensation but should receive actual expenses ; 
the omission of section three of the original act requiring 
the state forester to file a bond, with sureties aggregating 
twenty thousand dollars, for the faithful performance of 
his duties; the renumbering of the following sections; the 
addition of clauses to section twenty-three (new act, twenty- 
two) making those who should set fires contrary to the 
provisions of the law punishable, in the discretion of the 
justice or jury, by a fine of not less than ten nor more than 
one hundred dollars, or an imprisonment of not less than ten 
nor more than thirty days, in addition to a liability for 
all damages caused by the fu-e or the cost of controlling it; 
and the omission of the obsolete and unnecessary provisions 
of the last three sections of the original law. 

2 

Washington, A Washington act of March 16, 1903 
marked the beginning of efforts by the legislature to pro- 
vide for the systematic protection of the immensely valuable 
forests of that state. 

This act made the state land commissioner ex-officio 
state forest fire warden, and constituted the commissioners 
of each county a county board of deputy forest fire wardens 
w^ho might appoint deputy wardens as they should think 
necessaiy, provided for various other wardens and pa- 
trolmen, prescribed the duties of such officials, and regu- 
lated the burning of slashings and the operation of loco- 
motives and logging engines. 

A new act of March 11, 1905 ^ created a state board of 
forest commissioners consisting of the state land coinmis- 



1. Virginia Code, 1916, Pollard, p. 952. An Act, wliich went into effect on June 17, 

1916 (S. L. ch. 2.57, p. 482; Code 1916, p. 1160) provided for the apportionment 
of the funds derived from national forests. 

2. Session Laws, Washington, 1903, ch. 114, p. 205. 



102 FOREST LAW IN AMERICA 

sioner and four electors who were to be appointed by the 
governor for terms of four years each, but were to receive 
no compensation. This board was authorized to appoint 
and prescribe the duties of a state fii'e warden and forester, 
deputy wardens and rangers, and to gather information 
regarding the timber resources of the state. The state fire 
warden and forester, with a salary of two thousand dol- 
lars per annum and expenses, was made secretary of the 
board and clothed with extensive authority, under the di- 
rection of such board, in the administration of all forest 
laws and regulations. The law contained very specific 
provisions regarding the burning of slashings and the use 
of spark emitting engines. 

An additional forest act of March 18, 1911 - authorized 
the board of forest commissioners to accept grants of land 
to the state for forest piu-poses, and to fix the salary of the 
state forester. The forester, subject to the approval of the 
board, was empowered to appoint technically trained as- 
sistants, employ the necessary clerical assistance and fix 
the salaries of all such employees. He was authorized to 
cooperate with private parties, towns, counties, the govern- 
ments of other states, the federal government and the Do- 
minion of Canada or any province thereof in the protection, 
management and replacement of forest areas. He was 
charged with the duty of gathering complete information 
regarding the forest resources of the state and the dissemi- 
nation of knowledge thereof. 

An act of March 18, 1915 ^ provided that, whenever 
merchantable timber had been sold and removed from state 
land, the board of land commissioners might classify the 
land and land found by them to be most suitable for refor- 
estation and reserved by their order for such purpose should 
not thereafter be subject to sale or other disposition. It 
was made the duty of the state forester to protect and re- 
forest lands thus reserved. 



1. Session Laws, Wasliinston, 1905. ch. 164. 

2. Session Laws, Wash., 1!»11, ch. 12."), p. 623. 

3. Session Laws, Wash., 1915, ch. 147, sec. 2, p. 408. Same in Codes & St., 1915, Rem. 

sees. 5276, and 5277-1 to 5277-21. 



ADMINISTRATION BETWEEN 1900 AND 1916 103 

West Virginia. A West Virginia act of March 1, 1909 ^ 
provided for the appointment of a forest, fish and game 
warden, appointed for a term of four years at an annual 
salary of eighteen hundred dollars and expenses. Section 
fifty-one of this act declared the said warden to be ex-officio 
fire warden for the state, and made all deputy wardens 
fire wardens for their respective counties. These wardens 
were clothed with ample authority for the prevention and 
extinguishment of fires. 

An act approved March 4, 1915 ^ amended section fifty- 
one of the act of 1909 by authorizing the forest, fish and game 
commissioner to appoint a trained and experienced man as 
state forester to assist him in formulating methods of re- 
foresting cut over and denuded lands, preventing destruc- 
tion by fire, administering the forests on forestry princi- 
ples, instructing and encouraging private owners in grow- 
ing timber, maintaining patrols and lookouts and secur- 
ing the cooperation of individuals, corporations and 
the federal government in forestry work. Several im- 
portant changes regarding the prevention and control 
of fires were made and a new section added authoriz- 
ing the forest, fish and game warden, with the consent 
of the governor, to purchase lands suitable for forest cul- 
ture and reserves at not over five dollars per acre, us- 
ing any surplus money standing to the credit of the 
forest, fish and game protective fund, or to accept gifts 
of land for state reserves and to demonstrate the prac- 
tical utility of timber culture. The warden was em- 
powered to make all rules necessary for the management 
of the reserves. 

Wisconsin. A Wisconsin act of May 22, 1903 ^ es- 
tablished a department of forestry. A board of five forest 
commissioners who were to serve without compensation, 
except the salaries drawn by three who held other state 
offices, was authorized to appoint a superintendent of 
state forests at a salary of two thousand five hundred dollars 
and actual expenses who should act as secretary for the 



1. Session Laws, W. Va., 1909, ch. 60. 

2. Session Laws, W. Va., 1915, ch. 15, p. 162. SeeW. Va. Code 1916 Barnes pp. 891-S93 

3. Session Laws, Wisconsin, 1903, ch. 450, p. 745. 



104 FOREST LAW IN AMERICA 

board. The act forbade further sales of state lands except 
certain specified classes which were not considered adapted to 
forestry purposes, and declared that all unsold lands and such 
lands as the state should thereafter acquire for such purposes 
should constitute the state forest reserve. The forest commis- 
sioners were authorized to accept lands granted to the state 
for forest purposes. The superintendent of state forests was 
directed to sell, with the approval of the forest commission- 
ers, dead and down timber from all lands in the reserve, and 
was required to establish one or more forest experiment 
stations and otherwise cooperate in educational work. 
The superintendent of forests was also made state forest 
warden, with the duty of enforcing the fire and trespass 
laws, prescribing regulations, and appointing the town fire 
wardens authorized under the act of 1897. 

By act of May 25, 1905 ^ the act of 1903 and portions 
of the previous law of Wisconsin as to forests and fires were 
repealed and a much improved law enacted. The new law 
created a board of forestry, consisting of the president of 
the state university, the director of the geological survey, 
the dean of the agricultural department, the attorney gen- 
eral and one other member to be appointed by the governor. 
The members were to receive only actual expenses. They 
were authorized to appoint a technically trained man as 
state forester, at an annual salary of twenty-five hundred 
dollars and expenses, who under their supervision was to 
have charge of all forest reserves, direct all forest activities 
of the state, and advance by such means as he considered 
advisable an interest in forestry among the people of the 
state. The sale of all state lands north of township thirty- 
three was forbidden, and all of such lands made a part of 
the state forest reserve, except that state lands north of this 
township which upon examination by the state forester 
were found to be more suitable for other purposes than for 
forestry might be sold. Conservative lumbering upon the 
forest reserve under the direction of the state forester was 
authorized, the funds derived to be devoted to the purchase 
of lands or the protection and improvement of forest lands 



1. Session Laws, Wisconsin. 1905. eh. 264. Cf. Laws 1905, oh. 460. declaring policy 
of state to make a forest reserve alonsr Brule Kiver, Douglas County. 



ADMINISTRATION BETWEEN IDOO AND 191G 105 

already held. The board was empowered to accept gifts of 
land for forest reserve purposes, and directed to inquire into 
the desfrability of acquiring parks in different parts of the 
state and report thereon to the legislature. An assistant 
state forester at a salary of fifteen hundred dollars was to 
be appointed by the forester with the approval of the board. 
Cooperation in forestry work with the federal government, 
other states, other departments in Wisconsin, and with 
counties, towns, corporations and individuals was provided 
for. 

The state forester was made state fire warden, with au- 
thority to appoint and remove one or more fire wardens in 
every town where he considered such appointment neces- 
sary. Reports upon all fires were required. He was also 
made state trespass agent with authority to appoint sub- 
ordinates for the suppression of trespass upon state lands, 
w^ho should have the power to arrest without warrant. 
A failure by a district attorney, or other magistrate, to 
act promptly upon any case of violation of the law properly 
presented to him was made a misdemeanor, with a fine of 
one hundred dollars to one thousand dollars and imprison- 
ment from thirty days to one year as a penalty. The act 
contained provisions as to civil and criminal liability for 
trespass and for the setting of fires by locomotives and other 
engines. 

An act of July 9, 1907 ^ appropriated ten thousand dol- 
lars per annum for the acquisition of additional forest lands 
at tax sales and from counties that had acquired land under 
tax deeds, and two years later - the purchase of lands other 
than tax title lands and the subsequent expenditure of. an- 
nual unexpended balances was authorized. In 1907 ^ 
also the Wisconsin legislature authorized the sale to the 
United States of all lands and timber within Indian reserva- 
tions, w^hich the state claimed under the school or swamp- 



1. Session Laws, Wisconsin, 1907, ch. 401. Cf. Federal Act of June 27, 1906 (34 Stat. 

517) granting to Wisconsin for state forestry purposes 20,000 acres of piiblic land, 
to be selected by the state north of township 33. 4th Prin. Aler.. and the Act of 
Aug. 22. 1912, (37 Stat. L. 324) granting all undisposed of islands in inland lakes 
within Wisconsin and north of township 33 for forestry purposes. 

2. Act May IS, 1909, S. L. ch. 137. See Act of June 22, 1907, S. L. ch. 335, authoriz- 

ing Wisconsin Valley Improvement Company to create reservoirs to effect an 
equalization of steam flow, and act of July 11, 1911, ch. 640, re Chippewa and 
Flambeau Improvement Company. 

3. Act May 10, 1907, S. L., ch. 96. 



106 FOREST LAW IN AMERICA 

land grants from the federal government and the use of the 
proceeds for the purchase of forest reserve lands. In 
an act approved July 12, 1907 ^ authorizing an exemption 
from taxation of lands planted with forest trees, the state 
forester was charged with important administrative duties. 

An act of July 7, 1911 - substituted for the existing 
plan permitting the state forester to appoint a fire warden 
for each town where he considered a warden necessary, a 
system under which every town chairman was made ex- 
officio town fire warden, and all superintendents of high- 
ways assistant town wardens. This marked a reversion to 
a method of fire control that had been adopted in Wiscon- 
sin and several other states at an earlier period, but had 
been generally abandoned as to areas in which there was an 
acute problem as to forest fire control. This plan proves 
satisfactory only in towns having no extensive uninhabited 
forest areas as in New York outside of the forest preserve 
counties. The Wisconsin act of 1911 authorized the ap- 
pointment of temporary fire wardens upon the recommenda- 
tion of the chairman of a town board, one-half of the ex- 
pense of such temporary warden service to be paid by the 
state. 

On July 11, 1911 ^ the main body of Wisconsin forest 
administration law was reenaeted with several important 
changes. The new law included in the state forest reserve 
all lands of the state within the Menominee, Stockbridge 
and Munsee Indian reservations, as well as all lands then- 
owned or subsequently reverting to the state north of town- 
ships thirty-three, and authorized the state board of forestry 
to exchange reserved lands for other lands on a basis of equal 
value in order to consolidate the forest holdings. The salary 
of the forester was fixed at three thousand six hundred dol- 
lars per annum; and he was authorized to cooperate wuth 
the university in the instruction and training of forest 
rangers. 



1. Session Laws, Wisronsin. 1907, ch. 592. Of. July 1. 1909, S. L. ch. 322 (Parks.') 

2. Session Laws, Wisconsin. 1911, ch. 601. Cf. Laws 1909. ch. 119. requiring railroads 

to maintain a i)atr()l in dangerous seasons and authorizing inspection of locomo- 
tives by state ollicials. Laws 1911, ch. 494, giving greater authority to state 
oflicers"as to iiisi)ection, and Laws 1911, ch. 245, regarding civil liability of rail- 
roads for fire damage. 

3. Session Laws, Wisconsin, 1911, ch. 638. 



ADMINISTRATION BETWEEN 1900 AND 19 IG 107 

An act of July 11, 1911, ^ made an appropriation of 
fifty thousand dollars annually for a term of five years for 
the purchase of forest lands, authorized the state forester to 
enter into contracts for the purchase of such lands, and 
provided for the condemnation of forest lands. It also pro- 
vided for the annual appointment of a legislative committee 
to report upon such acquisition of land. 

However, there were in Wisconsin bitter opponents of 
the policy of acquiring large areas for state forest purposes, 
and a strong sentiment developed in the towns within the 
forest reserve area against the exemption of state lands from 
local taxation. On July 28, 1913 ^ the governor approved 
an act creating a special legislative committee of eight mem- 
bers to report upon the forest reserves in Forest, Iron, Oneida 
Price and Vilas counties, and as to whether lands included 
therein were in fact adapted to use for agricultural purposes. 
This act provided that no further purchases for state re- 
serves should be made until such report was submitted, 
nor prior to July 1, 1915. ^ 

An act of August 2, 1913 ^ provided for the taxation at 
not to exceed one and one-fourth per cent of the assessed 
value, for all except state purposes, of all state lands within 
certain towns in the counties comprised within the proposed 
state forest reserve. 

A Wisconsin act of July 15, 1915 '" created a state con- 
servation commission to be composed of three members at 
an annual salary of thirty-five hundred dollars each for 
terms of six years each. These men were to be appointed 
by the governor with the advice of the senate, but the law 
required that one be a man having special knowledge o 
the propagation, protection and care of fish and game, that 
one be a technically trained forester and that the third be a 
competent man with practical experience in commercial 
and business affairs. The commission was authorized to 



1. Session Laws. Wisconsin, 1911, ch. 639. 

Cf. Laws of 1911, ch. 143, making it a misdemeanor for any person, firm or cor- 
poration to unreasonably waste or maliciotisly impair any natural resource of tiie 
state and Laws of 1911. ch. 644. creating an unsalaried conservation commission 
of seven members, for terms of six years each. 

2. Session Laws. Wisconsin, 1913, ch. 670, p. 92S. 

3. See the decision of the state supreme court in the test case of Ex. rel. Owen, Atty. 

Gen'l. V. Donald Sec'y of State. 160 Wis. 21, (Feb. 12, 1915) interpreting Wis- 
consin forest acts as Jq constitutionality. 

4. Session Laws, Wisconsini-'IDIS. ch. 740. p. 1063. 

5. Session Laws, Wisconsin, 191.5, ch. 406. p. .50.5. See Wis. Stats. 1915, Sec. 1494-40 

to 1494-61, for main body of existing forest law of state. 



108 FOREST LAW IN AMERICA 

employ and fix the salaries of foresters, wardens, experts, 
agents, clerks and others as should be necessary. Upon 
this commission was conferred all the powers and duties 
previously vested in the various boards and officials having 
charge of state interests in regard to forestry, fish and game, 
and state parks. Provision was made for a formal summon- 
ing of any member of the conservation commission before 
the senate and house for written and oral interrogation as 
to the work under his charge upon the presentation of a 
request by a certain number of members of different political 
parties. 

Wyoming. No legislation for the state administration 
of forests or the protection of forests at the expense of the 
state had been enacted in Wyoming during the period 
covered by this chapter. ^ 



1. See Compiled Statutes, 1910, Mullen, sec. 128 and 129 (Laws 1907, cli. 7 and 1909, 
en. 23) apportionment of funds from National Forests. 



CHAPTER IV 

Legislation For the Prevention and Control of 
Forest Fires Enacted in American States during 
the First Sixteen Years of the Twentieth Century 

Alabama. The first general forestry act of Alabama, 
approved November 30, 1907,^ provided an optional system 
of county forest wardens to control forest fires. These 
wardens were to be paid by the county and were empowered 
to summon assistance for the extinguishment of a fire and 
to arrest offenders against the forest law. The act imposed 
severe penalties for the willful or malicious firing of the lands 
of another and made it unlawful for a person, firm or corpora- 
tion to fire his own land without five days' notice to his 
neighbors uniess all possible precautions against the spread- 
ing of the fire had been taken. Clearing of new ground for 
cultivation was excepted. Logging and railroad locomotives, 
and all portable or stationary boilers, not burning oil, must 
be supplied with proper appliances on both stack and fire 
boxes to prevent fires, under penalty of a fine. 

Arizona. Although Arizona has laws making it a mis- 
demeanor to wilfully or negligently fire the woods of an- 
other, of the state, or of the United States, or to fail to use 
every effort to extinguish a fire accidentally set or set for a 
lawful purpose, with a maximum fine of one thousand dol- 
lars and imprisonment for not over one year, no proviso had 
been made prior to 1917 for a systematic protection of 
forests from fire. ^ 



1. Session Laws, Alabama, 1907, No. 90. Cf. Fire Acts as to certain counties; Act 

Dec. 9, 1896, S. L., p. 153; Act Feb. 6, 1897, No. 216, and Act Feb. 19, 1907, 
S. L. No. 18, sec. 47, p. 81, requiring game and fish wardens to extinguisli flres. 

2. Rev. Statutes, 1913, Penal Code, sec. 609; See Rev. St. Terr. Ariz. 1901, sec. 339 

and 340. 

109 



110 FOREST LAW IN AMERICA 

Arkansas. The early laws of Arkansas made it a mis- 
demeanor to fire the woods of another, with a liability for 
double damages, but under the act of February 3, 1875 
one who should set a fire on his own lands for a lawful pur- 
pose was liable for single damages only if another w^ere in- 
jured and, if he gave due notice to his neighbors of his pur- 
pose and used all due caution to prevent the escape of the 
fire, he was not liable for damages. The law was not 
changed between 1900 and 1917. ^ 

An Arkansas act of April 2, 1907,- made those operating 
railroads within the state liable for all damages due to 
fires set by their equipment or employees, whether resulting 
from negligence or not. 

California. The California act of March 18, 1905, ^ 
providing for a general administration of the forest inter- 
ests of the state, required the state forester to establish 
districts, and appoint citizens as voluntary fire wardens, 
who might be paid by counties or private persons or corpora- 
tions. The appointment of federal forest officers as ward- 
ens was authorized. The state forester and all fire wardens 
were empowered to arrest without warrant offenders against 
the forest law, and were subject to a fine for failure to arrest 
or prosecute. They were authorized to summon all citizens 
between sixteen and fifty years for not over five days' 
service annually. At dangerous periods the forester might 
maintain a patrol at the expense of a county. A district 
attorney who failed in the duty of prosecuting offenders 
w^as subject to a fine of one hundred to one thousand dol- 
lars. The willful, malicious or negligent firing of the land 
of another, or negligently permitting a fire to escape, the 
leaving of a camp fire burning, and the setting of a fire, 
or blasting, without a permit, between May fifteenth and 
the first soaking rain of autumn, except for logging or a back 
fire, subjected the offender to hea\'y penalties. 

Logging locomotives, donkey engines and threshing en- 



1. See Digest Ark. haws, Kirhy, 1004, sec. 1090-1700 and 797S. 

2. Session Laws, Ark., 1907, No. 141; p. 330, cf. Digest Laws Kirbj", 1904, sec. 6773 

p. (Held constitutional in St. Louis & San Francisco Rd. Co. v. Shore., 89 
Ark. 418, 117 S. W. .515.). 

3. Session Laws, Calif., 190.5, ch. 204, p. 235. Cf. Act Mar 20, 1905, S. L., ch. 337, 

p. 394, authorizing l)oard of supervisors to ai)proi)riate for forest protection, 
counties 1st & 2ud class .S20,000, others $10,000 annually. 



FIRE LEGISLATION BETWEEN 1900 AND 1916 111 

gines, operated in or near forest, brush or grass land, and 
not burning oil, were required to have spark arresters and 
proper ash pans. In addition to the penalties prescribed 
for a failure to comply with *the various provisions of the 
act as to fire, one whose act resulted in loss to the United 
States, the state, a county, or a private owner, was made 
liable for double value of property destroyed and to the 
state or county for all expenses incurred in fighting the 
fire. Counties were required to clear inflammable material 
from roads at the request of the state forester, and lumber 
companies must burn slashings if instructed by the state 
board of forestry to do so. All fines, less the cost of collec- 
tion, were to be devoted to general forestry purposes. 
County boards of supervisors were authorized to appro- 
priate for forest protection, improvement and management. 

An amendment of April 7, 191 P provided: if areas situ- 
ated in or adjacent to forests and covered with inflammable 
debris were examined by the state board of forestry and 
found to constitute a fire menace to adjacent property, 
and the owners did not, after due notice, properly care for 
the debris or otherwise remove the danger, the state board 
of forestry might treat the existing condition as constituting 
a public nuisance by abating it at the expense of the owner 
of the tract. 

The penal provisions of the California law as to the setting 
or leaving of fires were again modified by an act of May 1, 
1911,- so as to prescribe a uniform penalty of not less than 
fifty nor more than five hundred dollars, or imprisonment 
for not less than fifteen days nor more than six months, or 
both, for the several offenses regarding the setting and leav- 
ing of fires, the use of engines without adequate devices 
for preventing the setting of fires, and failure to respond to 
a summons for fire fighting duty. 

Colorado. A Colorado act of April 10, 1901^ forbade the 
building of unguarded fires or the depositing or leaving of 
live coals in any forest area of the state, required a permit 
for camping outside his own county by a resident and the 
employment of a game or forest warden by any non-resi- 



1. Session Laws, Calif., 1911, ch. 264. 

2. Session Laws, Calif , 1911, ch. 699. 

3. Session Laws, Colorado, 1901, ch. S3, p. 1S5 sec. 10-14. 



112 FOREST LAW IN AMERICA 

dent camping within forest districts of the state. It re- 
quired that every railroad right of way within forest areas 
be kept clear of inflammable material and that locomotives 
be so equipped and operated as to prevent the setting of 
fire to any tree growth. The measure of damages enforce- 
able against a railroad for the setting of a fire was declared 
to include both the commercial value of the trees destroyed 
and their value as conservators of water and promoters of 
adjacent tree growth, and each day's failure to properly 
operate a locomotive was declared to constitute a separate 
misdemeanor. Game wardens, land appraisers and all 
peace officers of the state were charged with the duty of en- 
forcing the act and given the power to arrest offenders 
without warrant. 

An act of April 11, 1903 ^ declared it the duty of sheriffs, 
undersheriffs and deputies to control and extinguish forest 
fires, gave them power to summon all persons of a county 
whose assistance they deemed necessary, and authorized 
coimty commissioners to pay sheriffs five dollars and 
deputies not over three dollars a day for such services. 

Connecticut. On July 13, 1905- a general act for the 
protection of forests from fire was enacted in Connecticut. 
This provided that the state forester should be ex-officio 
state forest fire wardens. Selectmen of towns were re- 
quired to cooperate with the forester in the selection of 
district fire wardens. Both town and district wardens were 
authorized to arrest without warrant detected offenders 
against the forest laws and were given authority to enter 
private lands for fire fighting purposes, to summon male 
residents between eighteen and fifty years of age, and to 
require the use of horses and other property under penalty 
of a fine. Town and district wardens were to receive two 
dollars and fifty cents per day for time actually employed, 
and selectmen might fix the pay of others at not exceeding 
twenty cents per hour. Each town was required to pay one- 
half the cost of fire fighting within its boundaries, and the 
county and state one-fourth each. 



1. Session Laws, Colorado, 1903, ch. 83. 

2. Session Laws, Connecticut, 1905, cli. 238. 



FIRE LEGISLATION BETWEEN 1900 AND 1916 113 

The act of 1905 was amended on June 14, 1907 ^ by pro- 
viding that in towns, the boundaries of which were coter- 
minous with those of a city, the chief of the fire department 
of the city should be town fire warden, but that he should 
receive no additional compensation provided he received a 
regular salary. 

On April 17, 1907 - the existing law requiring the removal 
of all combustible material for a distance of six feet about 
the point where a fire was to be built in woodland was 
amended so as to require the clearing of a space of twenty 
feet. ^ 

On July 8, 1909 ^ chapter 136 of 1907 was amended by 
changing the compensation of town and district fire wardens 
to thirty-five cents per hour of actual service, and modify- 
ing ^he manner of payment. A new sectioli provided that 
every person who should kindle a fire in the open air at 
any time, and thereby cause injury to another, should be 
fined not more than two hundred dollars, or be imprisoned 
not over six months, or both; and another section made it 
a misdemeanor to kindle a fire in the open air, outside the 
limits of a city, borough, or railroad lands, between March 
fifteenth and June first, and between September fifteenth 
and November fifteenth in any year without a written per- 
mit from the district fire warden. Any town upon a vote 
of its citizens might, with the approval of the state fire 
warden be exempted from the restrictions of the section 
requiring permits yearly. The act of 1909 also authorized 
backfiring by any person to protect property from fire in 
the absence of a fire warden. An amendment of June 
29, 1911 ^ authorized the building of fires two hundred feet 
from inflammable material without a permit, and made 
several changes as to payment for fire control. 

A Connecticut act of June 28, 1911 ^ made every railroad 
company liable for the expenses incurred by a city or town 
in extinguishing a fire set in trees, brush or grass outside 



1. Session Laws, Conn. (1907), ch. 136, p. 684. Cf. minor amendment as to procedure 

in Act of Mav 5. 1909, S. L., ch. 19, p. 945. 

2. Session Laws, Conn., 1907, cii. 43. 

3. Session Laws, Conn., 1909, ch. 128. 

4. Session Laws, Conn., 1911, ch. 124. Cf. correctional amendment in Act of April 

8, 1913, S. L. ch. 7. 

5. Session Laws, Conn., 1911, ch. 114, p. 1368. Cf. S. L.. 1911, ch. 212 regarding 

actions for fire damage by railroads. 



114 FOREST LAW IN AMERICA 

its right of way by sparks, or otherwise through any of its 
employees, and section foremen were required both to ex- 
tinguish fires and render assistance to district wardens. 
On September 26, 1911 ^ the state fire warden was author- 
ized to take the steps that he deemed necessary for the con- 
trol of forest fires in groups of towns and to agree with the 
national department of agriculture for fire protective co- 
operation on watersheds of navigable streams under the 
Federal act of March 1, 1911 (36 Stat. L. 961). 

An act of May 10, 1915- authorized the governor to sus- 
pend the hunting season whenever he considered the con- 
ditions of drought to be such as to make extraordinary 
precautions necessary for the protection of woodlands from 
fire. An act of May 17, 1915 ^ provided that whenever 
brush or tree growth should be cut and permitted to re- 
main within fifteen feet of the traveled portion of any high- 
way, the first selectman or firewarden of the town might, 
by written order, require the owner of the adjoining land, 
or other person by whom or by whose authority the cutting 
was done, to remove the same within sixty days under 
penalty of a fine or imprisonment for failure to obey. An 
act of May 20, 1915^ made it a misdemeanor to operate 
a locomotive through forest land without an efficient spark 
arrester and other appliances necessary for the prevention 
of fire, and authorized an inspection of locomotives by state 
forest officials. 

Delaware. The Delaware act of April 19, 1909, ^ creat- 
ing a state board of forestry, provided for the appointment 
by the governor of forest wardens who should receive com- 
pensation for special services performed under the direction 
of the state forester. These wardens were given the author- 
ity of constables to arrest and prosecute for violation of 
forest laws, and it was made their duty to extinguish fires 



1. Session Laws, Conn., 191L ch. 292. 

2. Session Laws, Conn., lOL'i, ch. 218 p. 2034. 

3. Session Laws, Conn., 191."), ch. 260, p. 20S.5. 

Section 2029 Of the Conn. Codt! of 1902, reqnirins the selectmen of any town, 
upon notice from a town meeting, to cut, at least once a year, the bushes and 
l)ranciies of trees within twelve feet of the traveled way of any liijiliway. had been 
replaced l)y an act of July 1, 190.5. S. L. cli. 277, p. 4.s:?, re(iuiiiuK such cutting 
within ten feet of tlie center of tlie traveled way upon notice from five citizen 
taxpayers on all main liighways from town to town; and an Act of March 23, 

1911. S. L. ch. 2. I). iL'tK) hail rc(|uired that all material thus cut be piled 

and burned within thirty days after the cutting. 

4. Session Laws, C^onn., 191.5, ch. 322. 

5. Session Laws, Delaware, 1909, ch. 71. See Rev. Laws Del. 1915, sec. 3449. 



FIRE LEGISLATION BETWEEN 1000 AND 1016 115 

and prevent depredations. The wages of wardens and 
others employed to extinguish fires were to be paid by the 
county where employed. A fine of twenty-five dollars to 
one thousand dollars, or imprisonment from thirty days to 
one year, was provided for the willful or malicious setting 
of a fire on the lands of another. It was also made unlawful 
to &et a fire on one's own land, except in March, without 
the taking of due precautions to prevent its spreading, and 
the escape of such a fire was declared prima facie proof of 
negligence and the offender was made liable both for dam- 
ages and for the cost of extinguishing the fire. The operation 
of a locomotive or other engine or boiler, not burning oil or 
naphtha, in or through forest or brush, without a spark ar- 
rester and protected ash pans, was made a misdemeanor. 
All persons or corporations causing fires in violation of the 
act were liable to the county and state for all expenses in- 
curred in the control thereof. 

Florida. No legislation directed to the control of forest 
fires other than penalty provisions established prior to 1900 
had been enacted in Florida before the close of the year 
1916. 1 

Georgia. No law for the patrol of forests and a system- 
atic control of fires had been enacted in Georgia prior 
to January 1, 1917. ^ 

Idaho. In an Idaho act of March 8, 1905 ^ regulating 
the sale of timber from public lands, it was provided that no 
fire should be set, nor live coals deposited, near forest areas 
without properly guarding or extinguishing the same. The 
land commissioner and his assistant land appraisers, game 
wardens, and all peace officers of the state, were required to 
enforce the act and authorized to arrest offenders. Rail- 
road operators were required to keep their right of way clear 
of inflammable material and to provide locomotives with 
efficient spark arresters. The board of land commissioners 



1. See Compiled Laws, 1914, sec. 3426. 

2. See Annotated Penal Code, 1914, Park, sees. 227-230. Cf. Sec. 579 making it a 

misdemeanor for a resident of an adjoining state to graze horses, mules, hogs or 
cattle within forests of Georgia. (From Act Sept. 26, 18S3, S. L. No. 334, p. 129.) 

3. Session Laws, Idaho, 1905, p. 145. 



116 FOREST LAW IN AMERICA 

was authorized to employ not exceeding six persons at not 
over five dollars per day each to enforce the law. Anyone 
convicted of violating the act might be fined one hundred 
dollars and imprisoned sixty days. 

By an act of February 15, 1907,^ the legislature of 
Idaho required the state board of land commissioners to 
divide the state into fire districts and, upon the application 
of one or more owners of property in any district, to annually 
appoint a fire w^arden therein, to be paid by the owmers mak- 
ing the application. If desired by such owners, the warden 
in any district might appoint deputies, subject to discharge 
at the will of the property owners. Wardens and deputies 
were required to patrol their districts in dry periods and 
were given the authority to arrest without warrant persons 
found violating any provision of the act. They might compel 
assistance at a daily wage not exceeding two dollars and 
fifty cents, exclusive of subsistence and reasonable traveling 
expenses, payable in advance on demand. 

Between June first and October first of each year, no one 
might fire a slashing without a written or printed permit. 
The permit must be restricted to three consecutive days 
not less than ten days from the date of the permit. Though 
a permit was received, it was unlawful to set a fire when 
the wind made the setting dangerous, or without sufficient 
help present to control the fire, which should be watched 
until it was out. When a permit for burning slashings was 
issued, a warden or deputy was required to be present at 
the time of setting, and might revoke or postpone the per- 
mit. 

It was made unlawful to use any spark-emitting locomo- 
tive, or other engine, in a timber district between May first 
and October first without an efficient spark arrester; and 
during the same period it was made unlawful for any camper, 
farmer, logger, or other person or corporation, to set out 
any fire without a permit, under pain of fine or imprison- 
ment. 

Those operating railroads were required to keep the ground 
clear of combustibles fifty feet on each side of their tracks 
from May first to October first, except ties and other main- 



1. Session Laws, Idaho, 1907, p. 18. 



FIRE LEGISLATION BETWEEN 1900 AND 19 IG 117 

tenance materials. It was also declared a misdemeanor to 
drop live coals or ashes from a locomotive, and employees 
were required to report fires. 

The Idaho forest fire law was again amended on March 
15, 1909 ^ to require more thorough public notice as to 
fire laws, to omit the provision for advance payment of fire 
fighters, to make the closed season for the setting of fires 
or operating engines without spark arresters uniformly 
from June first to October first, and to make several other 
minor changes. This act contained a new section requiring 
the piling and burning of all brush, limbs or other forest 
waste four inches or less in diameter left from logging oper- 
ations of any character, and it was made a misdemeanor to 
fail to dispose of such refuse at the time and in the manner 
prescribed by the warden of the fire district in which the 
cutting was done. It also provided that the state should 
pay its proportion of the cost of protecting timber in any 
district according to the extent of the timberland owned by 
the state in such district in the same manner as other owners. 
The fines collected under the act were made payable one- 
half to the county and one-half to the informer. 

On February 14, 1911 - the Idaho law was amended to 
make the operation of a spark-emitting locomotive or other 
engine without an efficient arrester unlawful at any time of 
year. 

Illinois. No legislation regarding forest fires was enacted 
in Illinois between 1900 and 1917. ^ 

Indiana. On February 27, 1905^ a new law regarding 
the burning of the woods was enacted in Indiana. This 
act not only prescribed penalties, and liability for all dam- 
ages, for the firing of the lands of another, or the permitting 
of fire to spread, but required each township road super- 
visor to employ the assistance necessary to extinguish any 
fire within his district, the wages of the persons thus em- 
ployed at one dollar fifty cents per day to be paid from the 



1. Session Laws, Idaho, 1909, ch. 227. p. 151. 

2. Session laws, Idalio, 1911, ch. 98. „ „ 

3. Rev. St. Hurd, 1913, ch. 114, sec. 63; Annot. St., 1913, Par. 3500, Par. 8812 (R. R. 

to clear). Par. 8891 (Setting evidence of negligence). Sec. C. C. C. & St. L. R. R. v. 
Hamilton, 200 111. 633 (hability R. R.) Checkley v. 111. Cent. R. R. 257 111. 
491 (Requirement to clear constitutional.). 

4. Session Laws. Indiana, 1905. ch. 49. p. 64. 



118 FOKEST LAW IN AMERICA 

regular township funds. Another act of the same year pro- 
vided a maximum penalty of one hundred dollars and im- 
prisonment for thirty days for the malicious or wanton 
firing of the land of another, directly or indirectly. ^ On 
March 3, 1911 - railroad companies operating in Indiana 
were made liable for all damage caused by fires set by lo- 
comotives, and were given an insurable interest in the 
property for which they were thus made liable. The bur- 
den of proving contributory negligence was placed upon 
railroad operators against whom actions were brought for 
fire damage. 

Iowa. No forest fire legislation was enacted in Iowa 
during the first sixteen years of the twentieth century. ^ 

Kansas. Prior to January 1, 1917 no legislative pro- 
vision for forest fire control had been made in Kansas other 
than the legislation existing prior to the year 1900. ^ 

Kentucky. Since the beginning of the twentieth cen- 
tury the laws of Kentucky have required that railway com- 
panies use a screen or other device upon the smoke stack 
of every locomotive to prevent the escape of sparks, and 
that they keep their right of way clear of combustible 
material under penalty of paying all damages and a fine 
of from one hundred to five hundred dollars for the mis- 
demeanor of violating the law. ^ 

A Kentucky act of March 19, 1912, ^ creating a state 
board of forestry, provided that, upon the recommendation 
of such board, the governor might appoint forest wardens, 
to hold office during the pleasure of the said board, who 
should receive payment for special services at not over two 
dollars per day and have the authority of constables as to 
arrest. 

It was made a misdemeanor to build a fire or cut timber 



1. Session Laws, Indiana, 190.5, ch. 169, sec. .372. 

2. Session Laws, Indiana, 1911, ch. 107, p. 186. 

3. See Criminal Code, 1.S97, sees. 478.5-86; Nothing new in Suppl. 1913. 

4. See General Stats. 1909, sees. .3822-23. Gen. St. 1915, Sees. 4873-83. 

6. See Kentiickv Stat. 1903, sec 7S2, 790 and 793, and Ivy. Stat. 191.5, Carroll, sec. 
782, 790 and 793. See Connnouwealth v. Rwy. Co., 18 Ky. L. Rep. 610. Penal- 
ties can be recovered only by indictment. 

6. S. L., Ky., 1912, ch. 133, p. 529. 



FIRE LEGISLATION BETWEEN 1900 AND 1916 119 

from a forest reservation except in accordance with regu- 
lations prescribed by the board of forestry, and made un- 
law^ful to set a fire on one's own land unless all possible pre- 
caution had been taken to prevent its spread. The setting 
of a fire contrary to the provisions of the act was made 
prima facie proof of willfulness or neglect, and the offender 
made liable for all damages and for the cost of extinguish- 
ing the fire. Locomotives and portable or stationary engines 
operated in or near forests or brush must have appliances to 
prevent the escape of fire from stack, ash pan or fire box, 
under penalty of a ten-dollar to one-hundred-dollar fine. 
All offenders were made liable to the state and county for 
all damages or expenses caused. The net amount of all 
penalties was to be placed to the credit of the forest reserve 
fund for general forestry purposes. Cooperative work with 
the United States Government was authorized. 

Louisiana. The act of July 4, 1904, ^ creating a depart 
ment of forestry in Louisiana, vested in the commissioner 
of forestry the general direction of all forest fire protection 
in the state, authorized the appointment of a chief fire 
w^arden, and required the designation of an official in each 
jury ward of the state as fire warden. The local wardens 
w^ere required to prevent and suppress forest fires, and 
penalties were provided for the willful or negligent firing of the 
forests. Railroad companies were required to clear combus- 
tible material from their rights of way, and to require em- 
ployees to exercise care and report fires under penalty 
of a fine. 

The act of July 7, 1910 ^ that superseded the act of 1904 
carried a maximum penalty of three hundred dollars and 
six months' imprisonment for the willful or negligent firing 
of the lands of another or for the willful permitting of a fire 
to escape from one's own land, and a maximum fine of one 
thousand dollars and five years' imprisonment for the 
malicious burning of the forest property of another. It 
declared the setting of a fire by the dropping of a lighted 
match, or burning tobacco, by using a combustible gun-wad 



1. Session Laws, La., 1904, No. 11.3. p. 244. 

2. Session Laws, La., 1910. No. 261, p. 446. Cf. Session Laws, La., 1910, No. 259. 

sec. 20, forbidding fires that migiit injure game. 



120 FOREST LAW IN AMERICA 

or by leaving a camp fire burning, should render one liable 
to the penalties of the act. In addition to such penalties 
an offender might be held liable in a civil action for all dam- 
ages, including the value of young growth, as determined by 
the cost of producing it artificially, and for the costs of 
fighting the fire. 

The act of 1910 also made it the duty of all railroad com- 
panies operating locomotives through forest lands to keep 
their rights of way cleared of combustible material, to pre- 
vent their employees from dropping fire or live coals other 
than between rails, to require employees to report fires 
promi)tly, and to post warning placards furnished by the 
state. 

The duties imposed upon the forester and deputy forester 
by the act of 1910 as to forest fire protection were vested 
in the reorganized conservation commission established by 
the act of July 9, 1912. ' 

Maine. By act of March 26, 1903, - the Maine act of 
March 25, 1891, was amended to allow the state land agent 
four hundred dollars additional annual salary as compensa- 
tion for performance of duty as forest commissioner, and 
he was given the authority formerly vested in county com- 
missioners to appoint fire wardens and assign them districts 
within unorganized places. These wardens might summon 
citizens of the county to fight fire, to whom fifteen cents per 
hour would be paid from state funds. 

On April 1, 1909 ^ the "Maine Forestry District" was 
created as an administrative district for forest protection 
purposes. The board of state assessors were required to 
list and value all lands within this district. All lands within 
the district were to be taxed at a uniform rate of one and 
one-half mills on the dollar on this valuation, and this tax 
with interest thereon at twenty per cent per annum from 



1. Session Laws, La.. 1012, No. 127. Of. Session T^aws, La., li)12. No. 204. as amended 

by S. L. iyi4. No. 47, regarding the firint; of t lie woods during tlie game-breeding 
season, and tlie act of .July, I'JUi providing that one-flfth of tlie collections by 
the state on timlier and turpentine licenses might be expended in the execution 
of the state forestry laws. 

2. Session Laws. Maine, 190;i. ch. 168. 

3. Session Laws. Maine, 1909, ch. 193. Cf. Act Apr. 2, 1909 S. L. ch. 2.30, p. 304 

making $25,000 immediately available, for fire protection. See amendment of 
March 15. 1911. S. L., ch. 33, as to method of collection of tax., ch. 193 of 1909 
held constitutional in Sandy River PI. v. Lewis, 109 Me., 472, Dec. 13, Nov. 1912. 



FIRE LEGISLATION BETWEEN 1900 AXD 1010 121 

six months after it was due constituted to a lien against any 
tract described with reasonable accuracy, whether the 
ownership were correctly stated or not. Lands on which 
the tax was not paid within one year from the time when they 
were advertised for non-payment of the tax were to be for- 
feited to the state. The tax assessed under the provisions 
of this act was to be used solely for the payment of ex- 
penses connected with the protection from fire of the for- 
ests within the administrative unit created. 

The state forest commissioner was charged with responsi- 
bility for the prevention, control and extinguishment of 
forest fires within this district and authorized to establish 
sub-districts and appoint in each a chief fire warden and 
such deputies as he considered necessary to hold office 
during his pleasure. He might require wardens and depu- 
ties to patrol their districts, and they were given the au- 
thority of sheriffs as to arrest, prosecution, and requiring 
assistance. Chief fire wardens were to be paid three dol- 
lars for each day of actual service and an allowance of not 
over two dollars per day for travel and subsistence. Deputy 
wardens were allowed two dollars per day and subsistence. 
Those employed temporarily for patrol purposes might be 
paid twenty cents per hour and subsistence, while persons 
summoned for fire fighting were to receive fifteen cents per 
hour and subsistence. The chief clerk to the state land 
agent was made deputy warden. Written reports upon all 
fires were required of wardens. The additional tax im- 
posed by this law for forest-protection purposes was held 
constitutional by the Maine courts. 

The general law regarding fire protection throughout 
the state was also amended by act of March 29, 1909. ^ 
Any person who suffered damage from fire in consequence 
of the negligence of the selectmen of any town to perform 
their duty might maintain an action against the town for 
the damage sustained not to exceed two per cent of the 
valuation of such town; the chief engineer of cities was 
made a forest fire warden, and the duties of county com- 
missioners as to unorganized territory were abolished. 

Another act of 1909 ^ provided that whenever during 



1. Session Laws, Maine, 1909, ch. 164. p. 166. 



122 FOREST LAW IN AMERICA 

the open season for hunting, it should appear to the govern- 
or that, because of drought, the use of firearms in the for- 
ests of the state might be Hable to cause forest fires, he might 
issue a proclamation suspending the open season for such 
time as he might designate. A fine of one hundred dollars 
and costs must be imposed upon anyone who killed game 
or entered forest land with a gun in his possession during 
such closed season. If meteorological conditions changed 
the governor might open the season by proclamation. 

A Maine act of March 15, 1911 - provided that, during 
such dry periods as he considered such action necessary, 
the forester commissioner should maintain a patrol along 
railroad lines passing through wild lands of the state and 
required that the railroad companies pay the cost of such 
patrol. The commissioner could, by regulation, forbid the 
burning of rubbish along the railroad right of way. An act 
of March 25, 1913^ required railroad companies to have 
screens upon the windows of passenger cars operated through 
forest districts during the fire season, and one of April 4, 
1913 ^ authorized the forest commissioner to require spark 
arresters on all locomotives during periods of fire danger. 

On March 11, 1915 '" the railroad patrol act of 1911 was a- 
mended by the elimination of the word "wild" so as to 
authorize a patrol of any "forest land" of the state through 
which a railroad was operated; and an act of March 24, 
1915 ^ required the proper disposal of all inflammable material 
resulting from forest cutting operations within fifty feet of a 
railroad right of way or the wrought portion of a highwa3% or 
in construction work on a road, railroad, telephone or telegraph 
line; and made it the duty of the forest commissioner to re- 
move debris improperly left and to enforce double the cost 
as a lien against the property of the one responsible. 

Maryland. A general forestry act of April 5, 1906 ^ 
contained important legislation regarding the protection of 
forests from fire in the state of Maryland. The state for- 



1. Act Mar. 11, 1909, S. L., ch. 52, p. 54. 

2. Session Laws, Maine, 1911, cli. 35, p. 30. 

3. Session Laws, Maine, 1913, ch. 86, p. 87. 

4. Session Laws, Maine, 1913, ch. 177, p. 225. 

5. Session Laws, Maine, 1915, ch. OS. p. 4G. 

6. Session Laws, Maine, 1915, ch. 196, p. 165. 

7. Session Laws. Maryland, 1906. ch. 294, p. 532. 



FIRE LEGISLATION BETWEEN 1900 AND 19 lO 123 

ester was required to direct fire protection and assist the 
county authorities in suppressing fires, but the counties 
were required to pay the cost of fire fighting. Wardens 
might be appointed by the governor upon the request of 
the forester, with irregular pay. The willful or negligent 
firing of the lands of another by an individual or a corpora- 
tion was made a misdemeanor, and the escape of a fire from 
the land of one setting a fire to that of another was declared 
prima facie proof of willfulness or negligence, and the offender 
was made liable not only for all damages suffered by others, 
but also for the cost of extinguishing the fire, unless he could 
prove that his action was neither willful nor negligent. All 
locomotives and stationary engines used near timber must be 
equipped with proper appliances. 

The sections of this law regarding the appointment and 
duties of forest wardens were amended by an act of April 7, 
1910. ^ At the request of the state forester, the governor 
might appoint one warden for each 15,000 acres of woodland 
in any county. Wardens were to have powers of constables 
as to arrest and prosecution, to have authority to summon 
all male inhabitants between eighteen and fifty years of 
age, and to require assistance of horses, wagons and other 
material, and to have authority to enter private property, 
plow, tear down fences and set back fires to check fire. 
Wardens were allowed an annual salary of twenty dollars in 
addition to per diem of one dollar and fifty cents for each 
five hours or less of actual fire fighting and twenty-five 
cents per hour thereafter. Irregular employees were al- 
lowed one dollar for each five hours, and twenty cents per 
hour thereafter. By the amended law the state assumed 
responsibility for one-half the cost of fire-fighting in any 
county, and the tearing down of notices posted by the 
forester was made a misdemeanor, and a failure by any 
person to report a forest or brush fire to the local warden 
was punishable by a fine of ten dollars. On April 15, 1912, ^ 
the law" was again amended to make the state's hal[ of the 
cost of fire fighting payable out of the state forestry fund 
instead of from the general funds of the state as in the act 
of 1910. 



1. Session Laws, Maryland, 1910, ch. 161, p. 39,5. 

2. Session Laws, Maryland, 1912, ch. 348, p. 509. 



124 FOREST LAW IN AMERICA 

Massachusetts. A Massachusetts act of June 5, 1907 ^ 

amended the existing law ^ as to the appointment of forest 
firewards so as to require the mayors and aldermen of cities 
as well as the selectmen of towns, to appoint annually in 
March or April a "forest warden"; to require the approval 
of the state forester before such appointment should be- 
come effective; and to subject the appointee to a forfeit 
of ten dollars for a failure to file with the city or town clerk 
his acceptance or refusal within seven days of the receipt 
of the notice of appointment. Forest wardens were charged 
with the duty of taking active measures to prevent and sup- 
press forest fires. In addition to posting notices, they were 
required to investigate and report to the state forester re- 
garding the causes, extent and damage of forest fires, the 
value of forest lands, the extent of cutting operations and 
the prevalence of insect pests injurious to forest growth. 
The wardens were given the powers formerly vested in 
forest firewards as to compelling assistance in the fighting 
of forest fires and were exempted from actions for trespass 
while engaged in the reasonable performance of their duties. 
The state forester was authorized to pay from state appro- 
priations for the services and expenses of forest wardens 
while engaged in work under his direction, in an amount 
not greater than thirty-five cents per hour nor in excess of 
the annual appropriation available for the work of the state 
forester's office. The state forester was also authorized 
to expend not exceeding two thousand dollars annually in 
effecting arrangements for conventions within the state 
for forest wardens and in paying a part or all of the expenses 
of those attending not more than one such meeting annually. 
Portions of the act of June 16, 1886 (Ch. 296) and of the 
act of April 9, 1897 (ch. 254) inconsistent with this act 
were specifically repealed. 

By an act of May 17, 1907 ^ every corporation operating 
a steam railroad in Massachusetts was required to main- 



1. Sess. L. Mass., 1007, ch. 475, p. 427. Cf. S. L. 1007, ch. 200, regarding duties of 

gatne officers as to flros. 

An Act of May 2, 1913, S. L. Mass. ch. 600, p. 510, amended the act of June, 

1907 to require appointment of wardens in January. 

2. See Rev. L. 1002, ch. 25, sec. 17; ch. 32, sees. 16 to 25; ch. 208. sees. 5, 7. 8, 9. and 

124 from S. L. 1S74, ch. 22S; S. L. 1886, ch. 296 and S. L. 1807, ch. 254. 

3. Sess. L. Mass., 1007, ch. 431, p. 376. Cf. S. L. 1006, cli. 4()3, Fart II. sec. 247 a 

reenactment giving a railroad an insurable interest in property adjacent to its 
lino for whicli it was responsible. 



FIRfe LEGISLATION BETWEEN 1900 AND 191(1 125 

tain an approved spark arrester on each locomotive in which 
wood, coal or coke was used as fuel; to keep all inflammable 
material cleared from its lands for a distance of two hun- 
dred feet on each side of the center of its right of way 
from April first to December first and to prevent the drop- 
ping of hot ashes or coals near woodland or grassland. 
Every such corporation was authorized upon due notice and 
under the direction of the local forest warden, to enter 
unimproved lands adjoining its location and clear away all 
debris to a distance of one hundred feet from its tracks 
without being liable for trespass. Railroad employees were 
required to give notice of all fires, to blow warning signals 
from engines, and to assist in extinguishing fires so far as 
was consistent with their duty as employees of a corpora- 
tion serving the public. 

An act of May 14, 1909 ^ made railroad corporations 
liable to cities and towns for the reasonable and lawful 
expenses incurred in the extinguishment of fires negligently 
or unlawfully set by their employees or agents. 

A Massachusetts act of March 14, 1908 - provided that 
in towns that should accept its provisions at the next 
annual town meeting, or that had accepted corresponding 
provisions of earlier laws, no fires should be set in the open 
air between April first and December first of each year, 
except by the written permission of the local forest warden, 
provided that domestic and agricultural refuse might be 
burned at a distance of two hundred feet from forest or 
sprout land if properly attended until extinguished. The 
setting of fires in an approved manner for the suppression of 
the gypsy and brown-tail moths was excepted. Violation of 
the act might be punished by a fine of one hundred dollars 
and imprisonment for one month. If the act were accepted 
by a majority vote of any town, section twenty-four of chap- 
ter thirty-two of the Revised Laws of Nineteen-hundred two 
(derived from chapter 254 of 1897) was no longer applicable 
to the town. 

On April 6, 1911 ^ the closed season was extended to in- 
clude the month of March; cities were authorized to accept 



1. Sess. L. Mass., 1909, ch. 394, p. 361. 

2. Sess. L. Mass., 1908, ch. 209, p. 155. 

3. Sess. L. Mass., 1911, ch. 244. 



126 FOREST LAW IN AMERICA 

the act with provision for the issuance of permits by chiefs of 
fire departments and city fire commissioners ; and persons over 
eighteen years of age were authorized to maintain a fire for 
reasonable purposes upon sandy or barren land under proper 
precautions to prevent its spreading. The amendment also 
required that any fire in the open be at least fifty feet from 
any building, gave assistants of the state forester and deputy 
wardens the power of arrest without a warrant that had been 
conferred upon the forester and wardens by the act of 1908, 
and authorized the submission of the question of acceptance 
of the terms of the act at any annual or special town meeting. 

By an act of April 6, 1912 ^ the law regarding the setting 
of fires in the open was amended so as to make one subject to 
arrest without warrant and liable to the penalties of the act 
of 1908 for the offence of "increasing" a fire already set. A 
revised enactment of the law approved March 21, 1916^ 
made all cities and towns in the statesubject to its provisions; 
and excepted from its penalties fires set within the metropol- 
itan district by direction of a fire prevention commissioner and 
fires set in a highway by those engaged on public works. 

An act of May 21, 1909 ^ provided that whenever, dur- 
ing an open season for hunting, the conditions should be 
such on account of excessive drought, that the governor 
deemed the use of firearms liable to cause forest fires, 
he might by proclamation suspend the open season and 
prohibit the discharge of firearms in or near forest land 
for such time as he should designate. The discharging of 
any firearm in or near forest land or the shooting of any 
wild animal or bird, as to which there w^as no close season 
otherwise provided by law, during the period proclaimed 
was made punishable by a fine of not over one hundred 
dollars. 

An act of March 2, 1910 "* imposed a maximum fine of 
one hundred dollars or one month's imprisonment for the 
offense of liberating or flying a fire balloon in any city or 
town. 



1. Sess. L., Mass., 1912. ch. 419, p. 355, sees. 3 and 4. Act made similar amendments 

to Chap. lf)3 of 1SS2 and cli. 296 of 1886; K. L. 1902, cli. 208, sees. 7 and 8. 

2. Sess. L. Mass., 1916, cli. 51, p. 36. Laws 1908, 1911 and 1912 repealed. 

3. Sess. L., Mass., 1909, ch. 422. p. 401. 

4. Sess. L. Mass., 1910, ch. 141. 



FIRE LEGISLATION BETWEEN 1000 AND 19 IG 127 

An act of April 13, 1910 ^ provided that any town having 
a valuation of not over one and one-half million dollars, 
that should, with the approval of the state forester, expend 
money for apparatus or in the making of protective belts to 
control forest fires, should receive from the state an amount 
equal to one-half of such expense, but not to exceed two 
hundred and fifty dollars. Another act of 1910 - made it 
unlawful for any unnaturalized foreign-born person to 
pick wild berries or flowers, or to camp or picnic upon the 
land of another in Barnstable or Plymouth counties between 
April first and December first of any year without a written 
permit from the owner of the land. Any such person failing 
or refusing to show a permit might be arrested by a forest 
officer without a warrant. 

On July 18, 1911 ^ provision was made for the appoint- 
ment by the state forester of an assistant, to be known as 
state fire warden, who should take charge of all forest fire 
protection work in the state. This warden was required 
to make an annual report, and deputies of the fish and game 
commissioners were required to report to him the conditions 
as to forest fires in their districts and as to their activities 
in regard to fire control. ^ The state forester was also 
authorized to designate not over fifteen deputies to assist 
the state fire warden. 

An act of February 25, 1914 '" required that every owner, 
tenant or occupant of land, or owner of stumpage, who cut 
or permitted the cutting of timber adjacent to the wood- 
land of another, or a highway or railroad location, must 
dispose of the slash for a distance of not over forty feet from 
the border line, as should be required by the local forest 
w^arden. Anyone cutting trees or undergrowth within a 
highway must dispose of the slash in the manner deter- 
mined by the local warden. 

Michigan. A Michigan act of June 18, 1903 ^ made the 
state land commissioner the forest commissioner of the 



1. Session Laws, Mass., 1910, ch. .398. p. 329. See Act Mar. 31, 1914, ch. 262, p. 229, 

increasing valuation limit to $1,750,000. 

2. Act May 3, 1910, S. L., ch. 478. 

3. Session Laws, Mass., 1911, ch. 722, p. 879. 

4. See Session Laws, Mass., 1907, ch. 299. 

5. Session Laws, Mass., 1914, ch. 101, p. 72. 

6. Session Laws, Michigan, 1903, No. 249. 



128 ' FOREST LAW IN AMERICA 

state with supreme authority in all matters relating to the 
preservation of the forests and the suppression of forest 
fires. The supervisors of towns, mayors of cities, and presi- 
dents of villages were constituted fire wardens for their re- 
spective jurisdictions, and a supervisor of a town containing 
two or more surveyed townships might appoint one or more 
deputies. 

The forest commissioner was required to appoint a dep- 
uty, to be known as chief fire warden, at a salary of five 
hundred dollars per annum. The chief fire warden was 
given general charge of all forest fire activities in the state, 
and authorized to select temporary wardens. He was re- 
quired to investigate the extent and causes of forest fires, 
and to promote the practice of forestry. It was made a 
misdemeanor for any male over eighteen years of age to 
refuse to assist in the suppression of a fire. All wardens 
were authorized to arrest without warrant any person de- 
tected violating the provisions of the act. Wardens and 
others were to be paid at the rate of two dollars per day, 
one-third by the state and two-thirds by the local subdivi- 
sion, but the annual expenditure in a city, village, or sur- 
veyed township was limited to fifty dollars. Sections nine 
and ten imposed penalties for the negligent, willful or ma- 
licious firing of the woods. Sections twelve and thirteen 
required locomotives and threshing engines to have proper 
appliances for the prevention of fires, and required those 
operating railroads to clear the right of way of inflammable 
material. 

An act of May 22, 1907 ^ abolished the office of chief 
fire warden and devolved the duties formerly appertaining 
to that office upon an official designated as the state game, 
fish and forestry warden, who should receive an annual 
salary of three thousand dollars and expenses. 

On June 28, 1907 - the fire protection act of June 18, 1903 
was amended so as to require the game, fish and forestry 
warden to perform the duties of fire warden. This act re- 
quired the state warden to divide the counties affected by 
the act into districts and appoint a deputy game, fish and 



1. Session Laws, Mich., 1907, No. 106. 

2. Session Laws. Micii., 1907, No. 317. 



FIRE LEGISLATION BETWEEN lOOQ AND 1916 129 

forest warden in each. These deputy wardens, not to ex- 
ceed ten in number, were to receive an annual salary of 
one thousand dollars each. They were given the powers of 
the township wardens authorized by the act of 1903, and 
were also empowered to direct the efforts of the town wardens 
and mass them at such points as should be considered neces- 
sary for the suppression of fires. An expenditure of ten 
thousand dollars per annum in special measures for the 
control of forest fires was authorized. . The fifty-dollar 
limit was abolished, but the provisions in the act of 1903 
that no town warden should receive over thirty dollars 
nor any person employed by a warden over ten dollars per 
annum were retained. 

The Michigan act of June 2, 1909 ^ creating the public 
domain commission directed that the game, fish and forestry 
warden perform his duties under the direction of such com- 
mission, and the amendment of this act on May 1, 1911^ 
provided for the appointment of a forestry warden by the 
commission who should have charge of all fire control 
work. 

An act of May 13, 1915^ amending the act of 1903, as 
modified by act of 1907, required the state game, fish and 
forestry warden to divide certain forest counties into not 
over ten districts and appoint a warden in each at a per diem 
of from two dollars and fifty cents to four dollars. These 
wardens might summon assistance the same as the town- 
ship fire wardens. They could not be paid for over twenty- 
five days annually ; two-thirds by , the municipality and 
one-third by the state. The act authorized the employ- 
ment of extra men at state expense during times of unusual 
drought. Section twelve made it a misdemeanor for any 
railroad company to fail, to use efficient spark arresters, to 
keep combustible material cleared for a distance of fifty 
feet each side of the center of its track, to require employees 
to report fires, or to concentrate help to extinguish fires. 

Minnesota. On April 21, 1903 ^ the fire law of Minne- 



1. Session Laws, Michigan, 1909, No. 280. 

2. Session Laws, Michigan, 1911, No. 294. 

3. Session Laws, Michigan. 1915, No. 221. p. 371. 

4. Session Laws, Minn.. 1903, ch. 363, p. 652. 



130 FOREST LAW IN AMERICA 

sota was changed in several minor particulars ^ and the 
operation of a portable engine without an effective spark 
arrester or the depositing of coals or ashes therefrom and 
leaving the same unextinguished was made a misdemeanor. 

The fire warden law was again amended on March 30, 
1905 - to provide that each fire warden be paid two dollars 
for each day of actual service, and each non-official employee 
one dollar and fifty cents per day, but, except as directed by 
the chief fire warden, no warden was to be paid for over 
fifteen days, no other employee for over ten days in one 
year, the expenses to be equally borne by the state and the 
county in which the expense was incurred. 

On April 13, 1909 ^ the forest fire law of Minnesota was 
again revised. Under the law as then amended the state 
auditor was to appoint a forestry commissioner at an annual 
salary of fifteen hundred dollars who should be a member of 
the forestry board and have supervision of all fire wardens. 
Supervisors and clerks of towns, mayors of cities, and presi- 
dents of villages were made fire wardens. The commissioner 
might appoint wardens in unorganized territory and direct 
any warden to perform duties outside of his district. Ward- 
ens must guard against fires, patrol their districts in dry 
seasons, fix responsibility for fires, and report each fire to 
the commissioner within three days after its occurrence. 
They might arrest without warrant and prosecute offenders 
without giving security for costs. Highway officials were 
required to assist in the prevention of forest fires. 

The commissioner was required to divide exposed dis- 
tricts and employ rangers in dangerous seasons, giving 
preference to cruisers, woodsmen, game wardens and 
forestry students, who should receive not over five dollars 
per day for services, from an emergency appropriation car- 
ried in the act. For services in ordinary seasons wardens 
were to receive twenty-five cents, and other employees 
twenty cents per hour. The refusal or neglect of a warden, 
patrol, or summoned person, to assist in the extinguish- 
ment of a fire, the leaving of a fire on forest or prairie, the 



1. The provision in t.liis law clianging tlio title of Are warden to forestry commissioner 

was repealed l)y an Act of Apr. lit. 1905, S. L., ch. 310, restoring the title of Are 
wardcMi and increasint? the salary of the position to $1500. 

2. Session Laws, Minn., 1905, ch. S2, p. 98. 

3. Sesssion Laws. Minn., 1909, ch. 182. 



FIRE LEGISLATION BETWEEN 1900 AND ]916 131 

setting of a fire so as to endanger the property of another, 
the using of combustible gun wads, the carrying of a naked 
torch, or the dropping of a lighted match, ashes, or a cigar, 
would subject the offender to a fine of fifty to one hundred 
dollars, or imprisonment from thirty to ninety days, or 
both fine and imprisonment. The malicious firing of the 
woods might be punished by a fine of five hundred dollars 
or ten years in prison, or both. The clearing of the ground 
for a radius of ten feet was required before a camp fire was 
built near a forest. The law provided that if a fire which 
had done damage could be traced to land on which the 
owner had set a fire within three weeks previous to the 
damage, a presumption of negligence in the setting of the 
fire would be sustained. The law as amended also required 
that locomotives have proper appliances, that rights of way 
be cleared, and that portable engines have effective spark 
arresters, and that persons or corporations cutting timber 
for commercial purposes must pile and burn the slashings. ^ 
The failure of any county attorney or magistrate to act 
promptly and efficiently upon all violations of the law 
brought to his attention was made malfeasance in office 
with a penalty of not less than one hundred nor over five 
hundred dollars. 

In the act of April 12, 1911 ^ providing for a reorganiza- 
tion of forest administration in the state of Minnesota, 
provision was made for district rangers and for additional 
patrolmen as needed in lieu of the system of town, county, 
city and village officials as ex-officio wardens. The provi- 
sion of previous laws that wardens might summon all male 
persons over eighteen years of age to assist in fire control 
was retained. The forester was authorized to require rail- 
road companies to maintain a patrol after the passing of all 
trains in times of particular danger, and upon their failure 
to complj^ with his request he might employ such patrol 
at their expense. The act also made it a misdemeanor for 
any railroad company to fail to patrol its right of way 
after trains when necessary to prevent fire, and required 
them to exercise the highest degree of diligence in guarding 



1. Cf. Session Laws, Minn., 1909, ch. 378, affording railroad companies an insura- 

ble interest in property for which they were liable in case of fire caused by railroad. 

2. Session Laws, Minn., 1911, ch. 125. 



132 FOREST LAW IN AMERICA 

against fires. They must use efficient spark arresters, pre- 
vent the dropping of live coals, and keep the right of way 
clear of combustible materials. 

It was made a misdemeanor to fail to dispose of slashings 
in such manner as the forester should require to guard against 
endangering the property of others, and the forester could 
dispose of the debris at the expense of the owner. The 
provisions of the previous law against the careless burning 
of agricultural or other clearings were retained, as were 
also the penalties for the unlawful setting of fires. All 
villages and cities were required to make fire lines about 
the town aaid to prevent the starting and spreading of fires. 
The spreading of a fire from the property of the person or 
corporation setting it was declared prima facie evidence of 
negligence. 

On April 2, 1913 ^ several important amendments to 
the act of 1911 were made regarding fire control. The state 
forester was authorized to prescribe other measures than 
a patrol for the immediate control of fires originating from 
railroads, and railroad operators were made liable for ex- 
penses as well as damages caused by fires set by them in 
violation of the law. Locomotives and other engines were 
required to have efficient ash pans in addition to spark 
arresters, and railroad companies were required to keep a 
complete record of the inspections of all fire protective 
appliances, which record should be open to inspection 
by the state forester or his representatives. The act 
also authorized the inspection by state officials of all 
engines and boilers operated for any purpose in the 
vicinity of forest, brush or grass land. During par- 
ticularly dry periods the state -forester might prohibit all 
burning along a railroad right of way. Railroads were 
required to maintain suitable fire-breaks along the right of 
way, and to make such reports as the state forester should 
request. The setting of fires or leaving of combustible 
material upon a railroad right of way by third parties was 
also forbidden. 

The act of 1913 gave district rangers discretion as to re- 



1. Session Laws, Minn.. 1913, ch. 159. 



FIRE LEGISLATION BETWEEN 1900 AND 191G 133 

quiring the disposal of slash, and the provision of the act 
of 1911 that the cost of disposal of brush should constitute 
a lien against the land was amended so as to make such 
cost a lien against the logs or other timber products upon the 
land, and was otherwise strengthened. Additional provi- 
sions were inserted for the burning of slash along public 
roads; county attorneys were required to act energetically 
as to all violations of the act, and the fines collected in prose- 
cutions instituted by town, city and village officials ap- 
pointed by the state forester as an auxiliary patrol force 
were made available as local fire control funds. 

Mississippi. No legislation for the prevention of forest 
fires was enacted in Mississippi between the year 1900 and 
to the year 1917. ^ 

Missouri. Prior to January 1, 1917 no legislation for 
the prevention of forest fires had been enacted in Missouri 
other than laws imposing severe penalties for the willful 
or negligent setting of fires, except that the law making 
railroads liable for all damages from fires set and affording 
them an insurable interest in property along their right of 
way was supplemented by an act of May 7, 1909 - provid- 
ing that if any railroad should fail to remove all grass, weeds, 
and other inflammable material, from its right of way each 
year, the material might be removed by the party endangered 
and double the cost of the removal recovered from those 
owning or operating the railroad. 

Montana. A Montana act of March 18, 1901 ^ required 
railroads within that state to plow a fire guard on each side 
of their track between April first and July first of each year 
and to burn the grass inside of each plowed strip before 
September fifteenth of each year. A failure by a company 
to make such guard would render the company liable for 
all damages and for double the cost of performance of 
the required work by direction of the county commissioners. 



1. See Code 1906, sec. 4988 (firing the woods.) 

2. "Session Laws Missouri, 1909, p. 359 Cf. Rev. Stat. Mo. 1909, sec. 4621 (firing 

the woods.) 

3. S ^9sion Laws, Montana, 1901, p. 163; See minor amendment in act of March 5, 

1903. S. L. Ch. 63. 



134 FOREST LAW IN AMERICA 

In a general act for the administration of lands owned by 
the state, approved on March 19, 1909 ^ the state of Mon- 
tana provided for the appointment of a trained forester who 
should have general control of the timber lands of the state 
including fire protection, under the direction of the state 
board of land commissioners. He was authorized to appoint 
volunteer fire wardens, and all sheriffs and game w^ardens 
and deputies were made ex-officio fire wardens. The appoint- 
ment of federal forest supervisors and rangers as state fire 
wardens was authorized. The state forester and all ward- 
ens were given the power of peace officers as to arresting 
offenders against either the state or federal forest laws. 
They were authorized to summon all males between eighteen 
and fifty years of age to assist in the control of forest fires 
under penalty of a fine, but no citizen could be required to 
assist more than five days in one year. Section fifty-three 
of this act as amended by an act of March 7, 1911 - re- 
quired the piling of brush when timber was cut on state 
land, and the disposal of all slashing in such manner as to 
prevent fire. 

Nebraska. No legislation for the control of forest and 
prairie fires was enacted in Nebraska during the first six- 
teen years of the twentieth century. ^ 

Nevada. A Nevada general act regarding crimes and 
punishments approved January 1, 1912 ^ contained in 
section 368 a provision that anyone who should light a fire 
for any purpose along the road through woodland, upon 
woodland, or anywhere else in the open, and thereby set 
fire to any growing timber, forest, or other vegetation, and 
cause destruction of property not his own to the value of 
fifty dollars or over, should be guilty of a felony and be 
imprisoned in the state prison for not less than one year 
and not more than five years, and in addition might be 
fined not over ten thousand dollars and not exceeding twice 



1. Session Laws, Montana, 1909. ch. 147. 

2. Session Laws, Montana, 1911, cli. US. 

3. See Kev. Stat. 1913, sec. 8626 (penalties for sotting fires). Cf. sec. 2945 requiring 

tlie plowing of flro guards along roads. 

4. See Rev. Laws, Nevada, 1912, sec, 6033. Of. sec. 6632, which is substantially the 

same as soc. 4912 of Comp. Laws of 1900 making it a misdemeanor to leave 
a camp flre burning. 



FIRE LEGISLATION BETWEEN 1000 AND 19 10 135 

the value of the property destroyed, and besides he should 
be liable to the owner in civil damages for the full value. 

New Hampshire. A New Hampshire act of March 10, 
1905 ^ required the chiefs of organized fire departments 
in cities and towns to act as forest fire wardens, and, when 
directed by the forestry commission, to maintain a patrol 
and issue warnings regarding the danger of forest fires. 
They were authorized to summon persons and require the 
services of horses and equipment for forest fire suppression. 
Cities and towns were required to bear the cost of fire con- 
trol. In towns that had no organized fire department the 
state forestry commission were required to designate an- 
nually a member of the board of selectmen as forest fire 
warden. Chiefs of fire departments and selectmen were 
to receive the same rate of pay for warden duty as for other 
public services. 

In unorganized towns the commission might, upon the 
application of owners of forested land, appoint special 
fire wardens, define their duties and fix their compensation, 
one-half of the cost of fire protection to be paid by such 
owners and one-half 'by the county. Wardens were made 
liable to a fine of one hundred dollars to five hundred dol- 
lars for failure in duty, and any person failing to report an 
unextinguished forest fire, not under control or supervision, 
was made subject to a fine of ten dollars. 

A general forestry act of April 9, 1909 - repealing chapter 
forty-four of 1893 and chapter ninety-seven of 1905^ made 
the state forester chief fire warden, with the duty of ap- 
pointing as local fire wardens, men nominated by selectmen, 
mayors of cities, or private citizens, and such deputy 
wardens as he should consider necessary. The forester 
might require wardens and deputies to patrol their districts 
and remove them for cause. 

In unincorporated places the state forester might appoint 
and remove w^ardens and deputy wardens, or he might ap- 
point wardens for duty in groups of towns or unincorporated 
places, or of both. 



1. Session Laws, N. H., 1905, ch. 97, p. 51.3. 

2. Session Laws, N. H., 1909, cii. 128. 



13G FOREST LAW IN AMERICA 

All wardens might require the assistance of persons, 
horses, wagons, and other equipment, under penalty of a 
fine. The compensation of wardens, deputies and those 
summoned was to be determined by the forestry commission 
and the forester, with the right of review by the commissioners 
of the county in case of dispute. The cost of fighting forest 
fires was to be borne in equal parts by the town, city, or 
unincorporated place and the state. 

Section twelve forbade the building of a fire upon public 
land without the permission of a state forest officer, or the 
official in charge of such land, or upon private lands without 
the consent of the owner or his agent; and section thirteen 
forbade the kindling of a fire or the burning of brush, dur- 
ing time of drought, in or near woodland without the written 
permission or the presence of a fire warden. The setting of 
a fire by throwing down a lighted match, cigar, or other 
burning substance, was declared a misdemeanor, and any- 
one setting a fire was made liable for all damage caused 
another by its spreading. A forfeiture of ten dollars was 
declared against any person who should fail to extinguish 
a fire or report it. 

By act of March 10, 1909 ^ the governor and council 
of New Hampshire were authorized to close the game season 
by proclamation in periods of excessive drought, and the 
shooting, during the time designated in the proclamation, 
of any animal or bird not otherwise protected by law could 
be punished by a fine of fifty dollars. 

On April 15, 1911 ^ section six of the act of April 9, 1909 
was amended to authorize the division of the state into 
four districts, and the appointment of a district chief in 
each during eight months ^ of each year to assist the state for- 
ester and local wardens in fire protection. Section thirteen, 
prohibiting the kindling of fire in a forested area during 
times of drought, was changed to forbid the building of 
fires between April first and November first. ^ The pur- 
chase or condemnation of sites for fire lookout stations. 



1. Session Laws, N. 11. , 1909, oh. .59. 

2. Session Laws. N. H., 1911, ch. 166, p. 21."?. 

3. See Act May 21, 1913. S. L., ch. 1.59, removing tlie reslrii-tion of eight months' 

employment of district ciiiofs. 

4. See Act of April 21. 1915. S. L., ch. 142, again amending section thirteen so as to 

forbid the building of fires in or near woodland without the permission or pres- 
ence of a forest warden, except when the ground was covered with snow. 



FIRE LEGISLATION BETWEEN 1900 AND 1916 137 

the establishment of supply stations for fire protection 
purposes, the building of trails and fire lines, the employ- 
ment of paid patrols, the holding of conferences of forest 
officials, and the use of other means of promoting efficiency 
in forest work were authorized by this act. ^ 

A New Hampshire act of March 31, 1911 ^ imposed a 
fine of from fifty to one hundred dollars for the 
offense of operating a portable steam mill at any 
time except when there was snow upon the ground 
without a spark arrester approved by the state fores- 
ter, and made it the duty of the state forester to examine 
such engines and require a compliance with the law. 

On April 14, 1911 '^ it was made a misdemeanor, punish- 
able by a fine of fifty dollars, to leave a camp fire burning 
except upon the sea beach where confined by stone or ap- 
pliances which would prevent its spreading into forests or 
fields. 

On May 7, 1913 "* railroad operators were permitted to 
acquire such rights and easements as were necessary to 
clear combustible material from lands adjoining their right 
of way for purposes of fire protection under the direction 
of the public service commission. An act of May 21, 1913 ^ 
required railroad operators to maintain suitable spark ar- 
resters and ash pans on all locomotives not operated by oil 
or electricity, and to require due care by all employees as 
to fire. The public service commission was given authority 
to determine whether the appliances used were sufficient, 
to prescribe regulations as to fire signals and the reporting 
of fires by railroad employees, and to enforce the provisions 
of the law as to railroads. This act authorized the state 
forester to appoint section foremen and other railroad em- 
ployees as deputy wardens when recommended by au- 
thorized officials of a railroad. Such deputies were required 
to extinguish fires along the right of way and adjacent 



1. See Act of February 25, 1915, S. L., ch. 12, authorizing the state forester to co- 

operate with the forestry departments of Maine, Massachusetts and Vermont 
in the building of loolcout stations; Act of April 15, 1915, S. L., ch. 127, 
gi\'ing him broader authority in calling conferences of forest employes and author- 
izing payment of expenses of non-resident experts for conferences, and Act April 
21, 1915, S. L., ch. 133, sec. 69, requiring fish and game wardens to assist in fire 
protection. 

2. Session Laws, N. H., 1911, ch. 95, p. 99. 

3. Session Laws, N. H., 1911, ch. 151, p. 165. 

4. Session Laws, N. H., 1913, ch. 125, p. 632. 

5. Session Laws, N. H., 1913, ch. 155, p. 688. 



138 ■ FOREST LAW IX AMERICA 

thereto. Railroads were required to pay all just expenses 
for the control of fires along their lines and to maintain a 
patrol during dangerous seasons. The act authorized rail- 
road companies to enter upon forest or brush lands adjacent 
to the right of way for the purpose of clearing inflammable 
material from such lands for a distance of tw.enty-five 
feet from the right of way, after due notice, without in- 
curring liability for trespass. If objection were made by 
the owner, the clearing could be done only in such manner 
as the public service commission prescribed. The forestry 
commission was authorized to enter the right of way at 
any time to ascertain if the law were being carried out. 
The requirement in this act that any person, firm or corpor- 
ation cutting timber or wood adjacent to a railroad right 
of way must dispose of all inflammable material within 
twenty-five feet of the right of way within sixty days, except 
that where operations were conducted after November 
first the slash could remain until May first following in 
three counties, and until April first in other counties, was 
amended by an act of April 7, 1915 ^ so as to require a 
clearing for twenty feet along electric railways and public 
highways and forty feet along steam railroads. 

New Jersey. On April 3, 1902 - a new law regarding 
the control of forest fires was enacted in New Jersey. This 
act, like the previous ones of 1892, 1894 and 1899 ^ au- 
thorized townships to appropriate money and appoint a 
fire marshal to take charge of fires, but extended this au- 
thority to cities and other municipalities. A marshal might 
be removed, after hearing, by those appointing him, for 
malfeasance or neglect of duties. Marshals were given all 
the powers of a constable in a criminal case. Their duties 
as to a fire were the same as previously, except that they 
were required to make annual reports as to area burned, 
damage done, cause of fire and methods of control used. 

Section seven of this act forbade anyone to burn a pit 
of charcoal, or fire brush, leaves, grass, etc., endangering 
the property of another, without watching, under penalty 



1. Session Laws, N. H., 1015, eh. 100. p. 100. 

2. Session Laws, N. J., 1902, cli. 139. j). 451; of. Session Laws 1902, ch. 83, making it 

a misdemeanor to burn wtxxls, marshes, cranberry bogs or meadows of another. 

3. Laws of 1892, ch. 119; Laws 1S94, ch. 194; Laws 1899, ch. 169. 



FIRE LEGISLATION BETWEEN 1900 AXD I'JlO 139 

of a fine of one thousand dollars and imprisonment for 
three years. Section nine provided that if ten or more free- 
holders asked an investigation of a forest fire, the fire mar- 
shal or constable must apply to a justice of the peace, who 
must investigate and make a written finding. If he found 
anyone at fault he must cause his or their arrest and com- 
mit or hold to bail for action of the grand jury, and he might 
bind over witnesses. 

Section fourteen of this act provided for the payment by 
the state to any city, town or municipality of double the 
amount that such local political division should raise for 
forest fire protection, provided that the amount to be paid 
by the state to any one city or town should not exceed two 
hundred dollars, nor the total for the state exceed ten thou- 
sand dollars annually. 

A new railroad act of April 14, 1903 ^ required every 
railroad to use all practicable means to prevent the com- 
munication of fire from its engines to property adjacent to 
its line under penalty of a fine; made the setting of a fire 
prij?ia facie evidenGe of negligence, and afforded the railroad 
an insurable interest in all property for the burning of which 
it was liable under the act. 

On April 18, 1906 - the existing laws of New Jersey re- 
garding forest fire's were repealed and a new law made effec- 
tive. The new act authorized the state forest park reser- 
vation commission to appoint a state fire warden and fix 
his salary. The township committee or governing body 
in every township in the state was required, upon thirty 
days' notice by the said commissioners, to appoint a suitable 
person as township fire warden for a term of one year, and 
upon failure of the town to act, the commissioners were to 
appoint. Any fire warden might be summarily removed by 
the commissioners. If required by the state warden, a 
township warden must divide the town into districts and 
appoint a w^arden in each district except the one in which 
he himself lived, and he might appoint deputies. The 
state fire warden was given general supervision of all for- 



1. Session Laws, N. J., 1903, ch. 257, p. 645, sec. 56 and .57, p. 673. 

2. Session Laws, N. J., 1906, ch. 123, p. 221. This act repealed Acts of Nov. 24, 1794; 

March 3, 1875; March 24. 1875; March 23. 1888; March 23, 1892; May 14, 1894; 
April 3. 1902; and sec. 130 of the Act of June 14, 1898, regarding crimes. 



140 FOREST LAW IN AMERICA 

est fire protection in the state. Town and district wardens 
were required to establish a patrol as prescribed by the state 
commissioners, and were given authority to enter upon 
private lands, summon males between eighteen and fifty 
years of age, and require the use of horses, wagons, etc., 
under penalty for refusal. If a fire was burning in any town, 
the state warden might summon wardens from adjacent 
towns, but the state must pay for the services of anyone 
summoned from a town which the fire did not enter. 

If the authorities of a town failed to fix the compensation 
of wardens and others employed, the fire wardens were to 
receive three dollars per day when fighting fires, and two 
dollars per day when otherwise engaged; helpers were to 
be paid one dollar for five hours or less, and twenty cents 
for each hour over five, and one dollar and fifty cents per 
day for patrol and other employment. The state was re- 
quired to pay one-half of all fire fighting costs, and the 
whole cost if the fire occurred on a state forest reservation. 
Reports of ajl fires covering over one acre must be made in 
ten days. In townships having a warden, open fires could 
not be set without a written permit from the warden. The 
act contained provisions similar to earlier laws forbidding 
the firing of waste or forest land and requiring the watch- 
ing of charcoal pits. Wardens might arrest without war- 
rant persons taken in the act of violating the law. 

A supplementary act of April 14, 1907 ^ authorized the 
commission to include parts of several townships in a single 
fire district and appoint a warden who should be paid jointly 
by the state and town, and arrangements might be made 
with railroads as to fire protection in such a district. 

On April 13, 1908 ^ the act of 1906 was amended to em- 
power the state commissioners' to determine whether a 
warden should be appointed for a whole township or only 
for a part, to increase the pay allowed fire wardens and 
others, to require a report of all fires, to except from the 
section requiring permits the burning of domestic or agri- 
cultural refuse at a distance of two hundred feet from wood- 
land or inflammable material, to authorize the setting of 



1. Session Laws, N. J.. 1907, oh. 9, p. 21. 

2. Session Laws, N. J., 1908, ch. 213, p. 422. 



FIRE LEGISLATION BETWEEN 1900 AXD 1916 141 

back fires, and to lighten the penalties for the unlawful 
setting of a fire if no damage was done another. 

An act of April 20, 1909 ^ provided that whenever a 
forest fire occurred because of conduct contrary to the pro- 
visions of the act of April 18, 1906, the offender might, in 
the discretion of the forest park reservation commission, be 
relieved from the prescribed penalties by paying the cost 
of extinguishing the fire or such part thereof as the com- 
mission might determine to be properly chargeable to such 
party. 

On April 12, 1909 - a new departure was made in New 
Jersey legislation regarding the prevention of forest fires by 
railroad locomotives. This law provided that wherever 
woodland was less than one hundred and ten feet from the 
roadbed of a railroad using coal or wood for fuel, a fire line, 
not less than one hundred nor over two hundred feet from 
the outer rail on each side of the track or tracks and parallel 
therewith must be prepared by the railroad operator under 
penalty of a fine. This line was to consist of a strip of land 
not less than ten feet wide entirely cleared of combustible 
material and with the bare earth exposed. In swampy 
land a ditch three feet or more wide, dug to the depth of 
permanent water, might replace the bared strip. All com- 
bustible material between the strip and the track must be 
removed before March first of each year. Trees over three 
inches in diameter and over six feet apart, pruned of branches 
to six feet, might be left inside of the strip. The forest park 
reservation commission might relieve a railroad from the 
construction of such lines in particular localities, or from a 
reclearing during subsequent years. Railroads were re- 
lieved from an action in trespass for entry on private lands 
to construct fire lines and remove material, and the decision 
of the state commission that a line was necessary was de- 
clared subject to no appeal by an adjacent owner. All 
marketable wood not belonging to a railroad was to be 
piled beyond the fire line, subject to removal by the owner. 
This act was declared unconstitutional in 1913. ^ 



1. Session Laws, N. J., 1909, ch. 225, p. 322. 

2. Session Laws, N. J., 1909, ch. 74, p. 102. 

3. Vreeland v. Forest Commission, 12 Buciianan 349. 



142 FOREST LAW IN AMERICA 

On March 15, 1911 ^ the New Jersey fire law was amen- 
ded to authorize the state commission to appoint and fix 
the salaries of six division fire wardens, each of whom should 
devote his whole time to the forest fire service and who 
should take precedence over all town and district wardens 
in the direction of efforts to control forest fires. The forest 
commission was also authorized, in its discretion, to accept 
the cost of extinguishment and other expenses caused 
by the fire, or such part thereof as they should consider 
advisable, in lieu of the penalty prescribed for a violation 
of the act, and it was stipulated that if a penalty were paid, 
the excess of such penalty over the expenses incurred should 
be paid to the township in which the fire occurred. This 
act also modified in several particulars the method of pay- 
ing the costs of fire control and the procedure in prosecu- 
tions. The administration of the forest fire laws, especially 
as to the procedure in fire suppression and in prosecutions, 
was modified by several amendments embraced in the act 
of April 17, 1914. ^ 

A New Jersey act of March 17, 1915 ^ declared that any 
owner or lessee of woodland, or any contractor or other 
person having authority to enter upon such land, who should 
suffer the accumulation of brush, tree tops or other litter 
from felled trees to lie upon the ground in such manner as 
to facilitate the origin or spread of fires, should be deemed 
to have made and maintained a public nuisance. Failure 
by the party responsible for the condition to remove the 
fire menace promptly, after a notice from the state forest 
officials that the existing condition came within the act and 
must be remedied, could be punished by a heavy penalty. 

Another act of 1915 ^ authorized the maintenance of a 
forest fire patrol in any locality where the state forest 
officials considered a patrol essential. The state was 
required to determine whether any person or corporation 
was responsible partially or entirely for the existing danger, 
and each person or corporation found responsible was re- 
quired to pay a part or all of the cost of such patrol in pro- 



1. Session Laws, N. J., 1911, ch. 36. p. 52. See also Act Mar. 14, 1911. ch. 20. 

2; Session Laws. N. J., 1914, ch. 247, p. 510. 

'S. Session Laws. Now Jersey, 1915. cli. 61. p. 103. 

4. Act Marcll 30. 1915. S. L., ch. 109. p. 168. 



FIRE LEGISLATION BETWEEN 1900 AND 191G 143 

portion to his or its responsibility. Patrolmen might be 
appointed by the interested persons or corporations, but the 
appointee must report as required to the state fire warden. 
An act of March 15, 1916 ^ authorized the governing 
body of each township in New Jersey to appoint forest fire 
wardens for a term of three years each, and contained de- 
tailed provisions regarding the imposition, collection and 
disbursement of fines for forest offenses. 

New Mexico. No legislation for the prevention of forest 
fires, other than the early law imposing penalties for the 
setting of fires, had been enacted in New Mexico at the 
close of the year 1916. - 

New York. The New York act of February 19, 1900 ^ 
revising the forest, fish and game law, provided that the 
commission must appoint fire wardens in every town having 
lands which were a part of the forest preserve and might, 
in their discretion, appoint a warden in any town in which 
preserve lands might lawfully be acquired. 

Towns might be divided into districts and a warden ap- 
pointed in each. Where no warden was appointed, the 
supervisor was required to act. As in the act of 1885, 
wardens were given authority to destroy fences, plow land, 
and set back fires, and no action for trespass could be main- 
tained. Any one refusing to assist a warden when summoned 
w^as liable to a fine of ten dollars. Wardens must report fires 
covering more than one acre. Fire wardens and district fire 
wardens were to receive from the town two dollars and 
fifty cents, and those summoned two dollars, for each day 
actually engaged in fire protection. If special fire wardens 
were appointed by the commission, the state was required 
to pay one-half of the expenses. 

Railroad companies were required to cut and remove all 
inflammable material along the right of way twice yearly, 
employ a patrol in dry seasons and early spring, provide 
"steel netting or iron wire on smoke stacks" of locomotives 
"and adequate devices to prevent the escape of fire from ash- 



1. Session Laws, New Jersey, 1916, ch. 44, p. 81. 

2. Statutes 1915, sec. 1,516-1518 (firing the woods). 

3. Session Laws 1900, ch. 20, p. 22, sec. 225. 



144 FOREST LAW IN AMERICA 

pans and furnaces." Railroad employees must not deposit 
coals or ashes along the track, and must report fires, and 
assist in extinguishing them. 

Within an area defined by the act, in the Adirondack 
and Catskill region, no agricultural or lumbering debris 
was to be burned between April first and June tenth, in- 
clusive, or September first to November tenth, inclusive. 
From June eleventh to August thirty-first, fires might be 
set within the district described with the written permission 
of a fire warden or district fire warden. If the material to 
be burned was near forest or woodland, the warden or dis- 
trict warden must be present when the fire was started, 
and fires were not to be set when there was a heavy wind or 
insufficient help present to control them. Violation of these 
provisions was a misdemeanor punishable by a fine of three 
hundred dollars. 

The willful or negligent firing of waste or forest lands of 
the state, or the suffering of fire to enter such lands, rendered 
one liable for all damages and subject to a maximum pen- 
alty of two hundred and fifty dollars and one year's impris- 
onment. 

The supplemental act of April 23, 1900 ^ provided for 
the appointment of a chief fire warden to supervise and 
direct the work of town and district wardens, investigate 
the causes of fires and prosecute offenders. The three ex- 
pert foresters whose employment was authorized by the 
latter act were designated as deputy wardens. 

On April 11, 1901 - the forest, fish and game law was 
amended to authorize the appointment of a chief fire warden 
at fifteen hundred dollars and expenses, and the employ- 
ment of expert foresters at an annual expense not exceeding 
three thousand dollars, and at a rate not exceeding fifteen 
hundred dollars annually for any forester, the warden or 
forester to hold office at the pleasure of the commissioner. 

An act of April 23, 1901 ^ provided that one-half of the 
net collection for certain violations of sections 204, 228 and 
229 of the forest law not exceeding fifty dollars should be 



1. Session Laws. N. Y.. 1900, ch. 607, p. 1337. 

2. Session Laws, N. Y., 1901, ch. 320, p. 869. 

3. Session Laws. New York. 1901, cii. 491. p. 1223. 



FIRE LEGISLATION BETWEEN 1900 AND 1916 145 

paid to the fire warden or district fire warden on whose in- 
formation the prosecution was made; and an act of April 24, 
1901 ^ authorized town boards to fix the daily wages, not 
exceeding two dollars, to be paid those assisting in the con- 
trol of forest fires, and made binding upon towns within the 
preserve a direction of the forest commission that laborers 
be employed for the control of fires at not over two dollars 
per day. This act amended section two hundred and thirty 
of the forest, fish and game laws so as to make its penalties 
applicable to the setting of a fire on private lands as well 
as state lands. 

An act of May 3, 1904 ^ authorizing the appointment 
of five assistant state fire wardens at a salary of six hun- 
dred dollars and an expense allowance of not over four 
hundred and fifty dollars per annum each, required that 
four of them should be assigned to service along railroads 
within the state forest preserves. It was made the duty of 
the forest commissioner to establish and maintain a patrol 
along these railroads during times of unusual danger from 
forest fires, and with the approval of the governor he might 
employ additional assistants for such patrol. 

Railroad operators were required to transport the fire 
warden and his assistants without charge, and to pay one- 
half of the cost of maintenance of a patrol, the other half 
being charged to the towns in which the patrol was main- 
tained. If no suitable warden was available in a town, the 
supervisor was required to act as warden and report to the 
chief warden. 

Failure of a railroad company running trains through the 
preserve to clear its right of way of combustible material 
or to use proper appliances on smoke stacks and ashpans 
for the prevention of fire was made punishable by a fine of 
one hundred dollars for each day of violation. 

The act amended section two hundred and thirty of chap- 
ter twenty of 1900 so as to make the fact that a fire had 
crossed intervening tracts no bar to recovery of damages, 
provided the injury was done within five miles of where the 
fire was unlawfully set. 



1. Session Laws. New York, 1901, ch. 519, p. 1277. 

2. Session Laws. New York, 1904, ch. 590, p. 1415; see Laws 1903, ch. 442, p. 1030. 



146 FOREST LAW IN AMERICA 

On April 22, 1905 ^ the new sections 224a and 224b added 
to the forest law by chapter three hundred twenty-six of 
1901, and amended by chapter five hundred ninety of 1904, 
were again amended. The five assistant fire wardens, now 
called inspectors, who were to serve also as game wardens, 
were required to inspect and report upon the condition of 
the fire prevention appliances on all locomotives and 
engines. The provision that each town pay one-half the 
charge of an organized patrol was modified to authorize 
the payment of a proportion of the expense correspording 
to its relative holdings in towns in which the state owned 
more than half of the property. 

An act of April 12, 1906 ^ again amended section 224a 
raising the salary of the chief fire warden to eighteen hun- 
dred dollars, giving him authority to commence actions for 
trespass as well as for forest fire offenses, and authorizing 
the employment of a foreman of forest laborers. 

The existing law regarding fire control, railroad patrol 
and the prosecution of offenders was reenacted without 
material change in the revised forest law approved April 14, 
1908. ' 

The amendment of the New York forest act that became 
effective May 25, 1909 ^ imposed a penalty of two dollars 
for each tree and a fine of twenty-five dollars or thirty days' 
imprisonment, or both, for the misdemeanor of failing to 
cut off or lop all limbs and branches of any coniferous tree 
cut within the Adirondack preserve, unless the tree were 
for sale or use with the branches on. 

This act also changed the title of chief fire warden to 
auditor of fire bills and accounts, and omitted the provision 
in section sixty-seven of chapter one hundred thirty of 
1908 for the employment of foresters, the duties of these 
officials having devolved upon the superintendent of forests 
and the assistant superintendent authorized by section four 
of the act of 1908. 

The act required the commissioner to divide the Adiron- 
dacks into four fire districts and appoint a superintendent 



1. Session Laws, New York, 190."), eh. 2S,5, p. .540. 

2. Session Laws, Now York, 1900, oil. 200. p. 433. See Laws 1900, ch. ,519. 

3. Session Laws. New York, 19(),S, cli. 130, p. 299: See Laws 1907, cli. 007. p. 1.531. 

4. Session Laws, New York, 1909, ch. 474, p. 1130. See Annot. Consol. Laws, 1909, 

Birdseye, Cum. & Gil., ch. 19, i)p. 1705-1725. 



FIRE LEGISLATION BETWEEN 1900 AND 1916 147 

of fires in each at a salary of fifteen hundred dollars and 
expenses. It authorized the commissioner to organize 
companies for the fighting of forest fires, employ men, es- 
tablish observation stations, adopt fire signal code, prepare 
trails, and construct ditches and other barriers to the 
spreading of forest fires. 

Section seventy-three imposed a penalty of fifty to three 
hundred dollars for the setting of a fire, for the burning of 
fallows, stumps, logs, brush, etc., in any town within the 
preserve during the two closed seasons of April first to 
May thirty-first, inclusive, or September sixteenth to 
November tenth, inclusive, or between June first and Sep- 
tember fifteenth, without a written permit from a forest 
officer and the exercise of the greatest care. 

Section seventy-four increased the penalty for the willful 
or negligent firing of waste or forest lands of the state or of 
a private person, or the negligent suffering of a fire to escape, 
from a maximum fine of two hundred and fifty dollars and 
one year's imprisonment to one thousand dollars and 
one year's imprisonment, and afforded anyone injured an 
election to sue for one dollar for each tree killed in lieu of 
actual damages. It was provided that any money neces- 
sarily expended by the state, a municipality or an individual 
in controling fires set upon waste or forest lands within the 
preserve counties might be recovered as single damages 
from the one causing the fire, in addition to damages of one 
dollar for each tree killed. 

Railroad companies operating within the preserve were 
required to maintain an efficient patrol at their own expense 
from April first to November first of each year unless other- 
wise directed by the commissioner of forests. If a com- 
pany failed to maintain such patrol the commissioner might 
employ men and charge the expense to the railroads. If a 
fire started on or extended over from. the lands or right of 
way of a railroad company or any person or company using, 
manufacturing or producing coal, wood, oil, fuel, or other 
inflammable material thereon, for other than domestic 
purposes, the escape of fire was to constitute prima facie 
evidence that the fire started or extended through negligence. 

A new section, 75a, was added to the law authorizing the 



148 FOREST LAW IN AMERICA 

governor to proclaim camping or the taking of fish, fowl, 
birds or quadrupeds in the forests of the state dangerous 
in periods of drought, and to forbid all activities of this 
character for a certain period under penalty of one hun- 
dred dollars or thirty days' imprisonment. He might ex- 
tend the open season for a time equal to that of the closing. 

On June 11, 1910^ the provision in the section of the 
Consolidated Laws of 1909 - declaring it a felony to will- 
fully set fire to the property of another was amended by 
adding "or willfully set fire to, or assist another to set fire 
to any wild, waste or forest land, belonging to the state or 
to another person whereby such forests are injured or en- 
dangered," and by increasing the penalty to a maximum 
fine of two thousand dollars or imprisonment for not over 
ten years, or both. 

On June 14, 1910 ^ the law requiring railroad companies 
to clear combustible material from their rights of way was 
amended so as to specifically cover persons and companies, 
other than railroad companies, operating a railroad. 

An act of June 23, 1910 ^ amended the town law regard- 
ing the prevention and control of forest fires, vesting super- 
visors in tow^ns outside the preserve with the same powers 
and duties as were vested in wardens by the forest, fish and 
game law, and requiring each tow^n board to authorize one 
of its members to act in the absence of the supervisor and 
to fix the compensation of patrolmen and others. 

On June 24, 1910 '^ the number of fire districts in the 
Adirondack preserve was increased from four to five, the 
towns enumerated in Avhich permits for the burning of 
brush were to be required, and the penal provisions regard- 
ing the setting of fires amended in minor particulars. 

By an act of April 16, 1912, ^ revising and reenacting 
practically the whole forest law" of the state, the provisions 
of the previous law regarding the prevention, setting and 



1. Session T.uws, New York, 1010, ch. 474, p. 914. 

2. Consolidated Laws. 1909. ch. 40 (from Laws 1909, ch. 88, sec. 1421.). 

3. Sessi(.n Laws. N. Y.. 1910, ch. 476, p. 916 (Am'd sec. 72, ch. 24, O. L. 1909). 

4. Session Laws, N. Y., 1910. ch. 630, p. 1626 (Am'd see. 89, ch. .62, C. L. 1909). Cf. 

Act Apr. l.'j. 1912, ch. 371, p. 722. 

5. Session Laws, N. Y.. 1910, cli. 6.^7, p. 1753. 

6. Session Laws. N. Y., 1912, ch. 444. p. SS3. This act with chap. 318 of 1912 revised 

tlirotiKliout chapter 24 of tlie consolidated laws of 1909 which comprised the 
forest , tisli and game law of tlie State of New York. 



FIRE LEGISLATION BETWEEN 1900 AND 1916 149 

extinguishment of forest fires received no important amend- 
ment. 

Several amendments to the fire provisions of the conser- 
vation law were made by an act of May 24, 1913. ^ In 
section ninety-four the clerk of the board of supervisors of 
each county was substituted for the county clerk as the 
official to whom the commission should transmit statements 
as to the amount of fire expense to be paid to the state by 
each town as its half of the cost of fire-fighting for the pre- 
vious year in the said town, and in section one hundred 
three a provision was inserted relieving railroad operators 
from clearing away inflammable material from more than 
fifty feet on each side of the center line of the right of way, 
substituting "corporation" for "railroad company" and 
making two other minor changes. Section ninety re- 
garding the disposition of logging debris in certain counties 
received important amendment. The words "fell" and 
"felled" were substituted for "cut," and the expression 
"lop-off" as describing an alternative method of disposing 
of brush was omitted. 

The leaving of limbs upon tree tops above the point where 
the trunk or main branch had a diameter of not over three 
inches was authorized, and it was provided that the conser- 
vation commission might by resolution authorize the 
cutting off of limbs at another time than at the time of fell- 
ing the tree, or even the abrogation of this requirement at 
such times and places as they should determine that no 
danger to neighboring or other forests would arise through 
the temporary or permanent omission of the requirement. 
The violation of the provisions of the section was made a 
misdemeanor punishable by a fine of twenty-five dollars 
and thirty days' imprisonment, in addition to a penalty of 
two dollars for each tree felled and not limbed as required. 

Section ninety-eight dealing with the setting of fires on 
waste or forest land was amended by the omission of the 
provision declaring such a firing a misdemeanor where the 
damage done was under twenty-five dollars, and a felony 
where it was over this amount; by the limitation of the 



1. Session Laws, N. Y., 1913, ch. 723, p. 1839. 



150 FOREST LAW IN AMERICA 

penalty of ten dollars for each tree destroyed to trees three 
inches or upwards in diameter at breast high, and bj^ other 
minor amendments. 

On May 16, 1913 ^ the town law was amended so as to 
authorize town boards to borrow money to meet an exist- 
ing or prospective indebtedness for the patrol of forests or 
the control of fires. 

In the general forestry Act of May 9, 1916 ^ the New York 
law regarding the prevention and control of forest fires was 
again revised and reenacted. The new law provided that in fire 
towns, which were comprised within the forest preserve areas 
and were specifically named in the act, the forest commission 
must maintain a force of forest rangers, observers and fire ward- 
ens, and the equipment necessary to prevent and extinguish 
forest fires. These towns were to be grouped into fire dis- 
tricts each in charge of one of the fire district forest rangers. 
The Commission was authorized to establish a district for- 
est fire protective system in such other parts of the State 
as it should deem necessary wherever there was a contiguous 
forest area of seventy-five thousand acres or upward. Upon 
failure of the town supervisor to certify a list of wardens 
before February 15 of any year the Commission was au- 
thorized to appoint the necessary wardens. In all towns 
other than the fire towns the town supervisor was charged 
with the duty of preventing and extinguishing fires and 
was required to report in writing on or before February 15 
of each year the names of the fire wardens appointed by 
him for that year. Every State official having a duty to 
fight forest fires might temporarily employ men at fifteen 
cents per hour and foremen at twenty-five cents per hour 
for fire fighting and might summon any male person of 
eighteen years or over to assist in fire control. 

Section 53 contained the existing provision of law au- 
thorizing a loan of one hundred thousand dollars in^ any 
year at the discretion of the Governor to enable the Com- 
mission to control forest fires; required the payment of all 
salaries and expenses for fire fighting in the fire towns by 
the State, but provided for a rebate to the State by the 



1. Session Laws, N. Y., of 1913, ch. 571, p. 1551. 

2. Session Laws, N. Y.. 1916, ch. 451, p. 1189. 



FIRE LEGISLATION BETWEEN 1900 AND 1916 151 

respective fire towns of one-half of the expense, other than 
for the salaries and expenses of regular employees incurred 
within each town for fire protection; authorized the pay- 
ment of expenses incurred by anyone in fire fighting; pro- 
vided for the recovery in a civil action against the person 
at fault, of the expenses incurred in fighting fire, unlawfully 
caused; and authorized towns other than fire towns to raise 
funds for the control of forest fires. 

Section 54 authorized the governor, during dangerous 
fire seasons, to proclaim the pursuits of hunters, fishermen, 
trappers and campers, contrary to the public interest and, 
therefore, unlawful within such portions of the fire towns as 
he should designate, and reenacted in modified form the 
existing requirements as to the lopping of the branches from 
evergreen trees within the fire towns. The provision of 
sections 97 to 100 of chapter 444 of 1912 were greatly sim- 
plified and incorporated in Section 54. This section also 
forbade the sending up of unpiloted hot air balloons or the 
depositing of inflammable material within a highway within 
the fire towns, and authorized the Commission to require 
the removal of inflammable material within twenty-five 
feet of the right of way of a railroad or within twenty feet 
of a public highway within the fire towns. 

Section 55 stated in much simplified form the essential 
features of the existing law as to the precautions to be taken 
and liabilities to be incurred by railroad companies operat- 
ing through forest land. 

The five day notice from the conservation commission for 
the enforced removal of a defective engine contained in 
Section 105 of chapter 444 of 1912 was reduced to forty- 
eight hours in paragraph 22 of section 50 of ch. 451 of 1916. 

Paragraph 6 of section 54 took the place of section 106 
of ch. 444 of 1912 as to the screening of portable steam en- 
gines and boilers in forest land. 

Section 56 declared that one burning timber owned by 
the state should be liable for treble value in addition to a 
penalty of ten dollars for each tree killed; that one burning 
private or municipal lands should be liable for actual value 
for negligent burning and for one dollar per tree in case of 
willful burning. The previous rule that the fact that a fire 



152 FOREST LAW IX AMERICA 

had crossed intervening lands, would not bar recovery, 
and the presumption of negligence as the cause of a fire 
starting on a railroad right of way, and that a fire was set 
by the owner if originating on land as to which a permit 
for burning was required, were retained. 

Section 54 made the violation of any provision of the 
article a misdemeanor punishable by a fine of not less than 
ten nor more than one hundred dollars, or imprisonment 
for not less than ten nor more than one hundred days, im- 
posed a penalty of two dollars for each tree as to which the 
tops were not lopped, one of twenty-five dollars for each day 
that any town failed to provide the necessary funds for 
prevention and extinguishment of forest fires, one of ten 
dollars per day for each mile that a railroad failed to pa- 
trol or clear right of way, one hundred dollars per day for 
each engine operated without proper fire protective devices, 
$25.00 per day per place for each failure of railroad to ex- 
amine each locomotive daily and record result, and $100 
for failure to show record to inspector, and for depositing 
live coals or ashes, one hundred dollars for each offense. It 
was made a misdemeanor to interfere with supplies main- 
tained for fire protection purposes. The willful setting of a 
fire or leaving of one so as to endanger the property of an- 
other w^as declared a felony. 

North Carolina. On March 9, 1915^ a comprehensive 
forest fire law was enacted in North Carolina. This act 
authorized the state geological board to take such action 
as it might deem necessary to provide for the prevention and 
control of forest fires in any and all parts of the state and 
to arrange with the national forest service for the protection 
of the forested watersheds of Streams within the state. 
The forester of this board, as ex-officio state forest warden, 
might appoint one township warden and one or more dis- 
trict forest wardens in each township of the state in which 
the amount of forest land and the risks from forest fires 
made such appointment advisable. Wardens were I'e- 
quired to take active measm'es to protect the forests, and 



1. Session Laws, N. C, 1915, c'l. 213, p. 310. Cf. So3sion Laws, N. C. 1013, ch. 56, 
requiring disposal of slash on watersheds of municipal corporations. 



FIRE LEGISLATION BETWEEN 1900 AND 1916 153 

might arrest without warrant a person found in the act of 
violating the forest laws. In seasons of drought the for- 
ester might establish a patrol, and wardens might require, 
under penalty of a fine, the assistance of male persons be- 
tween eighteen and fifty-five and the use of horses and 
other property. Wardens were to receive from the state 
twenty cents per hour for actual service, and reasonable 
expenses, and temporary assistants might also be paid 
from state funds. The existing laws of the state regarding 
the setting and leaving of fires w^ere reenacted with minor 
modifications as sections eight to eleven of this act. Under 
a general provision in section ten, railroads were required 
to use care in burning over their rights of way. 

North Dakota. A North Dakota act of March 11, 1909^ 
created the office of forest fire warden. It was made the 
duty of the supervisor in each civil township in the state 
having at least twenty-five per cent of its total area in wood- 
land to act as forest fire warden. Annually in March the 
supervisors were required to divide the township into three 
fire warden districts with a warden for each. For unor- 
ganized townships having at least twenty-five per cent of 
woodland, the board of county commissioners were required 
to appoint two or more wardens for each township and to 
designate the district of each. Wardens were required to 
take active steps to control fires, might summon any num- 
ber of able-bodied men to assist in fire control, and were 
required to investigate the causes of fires and make a com- 
plaint against any person unlawfully setting fires. Wardens 
were to receive three dollars, and employees two dollars 
and fifty cents, per day, for actual services, payable by the 
towns except where unorganized, and there by the county. 

Ohio. Aside from the act of May 22, 1911 (S. L. vol. 
102, p. 108) amending section 8920 of the General Code 
of 1910 so as to make railroad operators liable for all fire 
damage caused by the railroads irrespective of due care in 
the equipping or operating of engines, no specific legislation 



1. Session Laws, North Dakota. 1909, ch. 125, p. 135. 



154 FOREST LAW IX AMERICA 

for the prevention and control of forest fires was enacted in 
Ohio during the first sixteen years of the twentieth century.^ 

Oklahoma. No special forest fire legislation had been 
enacted in Oklahoma prior to January 1, 1917. - 

Oregon. An Oregon act filed in the office of the secre- 
tary of state, February 22, 1905 ^ required each county 
court in the state to appoint as fire rangers the persons 
named in the application of any owner or owners of prop- 
erty, which rangers should be paid by such owners. These 
rangers must take an oath of office and might be removed 
for cause by the county court before the expiration of their 
year of office. 

During the closed season from June first to October first 
of each year no one was to set out a fire without a written 
permit issued by the county clerk. The permit must be 
limited to three consecutive days, not less than ten days 
from its date, and a fire must not be set if the wind was un- 
favorable nor without sufficient help to control the fire. 
Fire rangers might arrest without warrant violators of the 
act. 

During the closed season it was a misdemeanor to operate 
any spark emitting engine without a spark arrester, or for 
a camper, farmer or other person or corporation to set an 
open fire for any purpose except as prescribed above. Heavy 
penalties were imposed for the setting of a fire on another's 
land or permitting one to escape, or for the using of com- 
bustible gun wads. 

The Oregon act filed February 23, 1907 ^ creating a 
state board of forestry, contained very detailed provisions 
regarding forest fires, and repealed chapter 227 of 1905. 
The board was authorized to appoint wardens, who were 
to have the powers of peace officers as to arrests. Not only 
was the board required to appoint as wardens persons recom- 



1. See Annot. Code 1010. Page & Adams, sec. 7496-9S, S966-8972, railroad fires; 

12436. fires maliciously or negligently set. Cf. Act Mar. 17. 1900. S. L., vol. 98. 
p. 54. which in general terms would authorize an investigation of the causes of 
fires hv the state depart iniMit of forestry. 

2. See Cieneral Statutes, lOOS. Elder. Sec. 1406 and 1407, misdemeanor to wilfully 

or negligently fire woods or i)rairies; Comp. L. 1909, Snyder, p. 184, sec. 59 and 
66. Kev. Laws, 1910, sec. 2769. 

3. Session Laws of Oregon. 1905. ch. 227, p. .397. 

4. Session Laws, Oregon, 1907, ch. 1.31, p. 241. 



FIRE LEGISLATION BETWEEN 1900 AND 19 IG 155 

mended by private parties or counties who should pay 
their salaries, but they might appoint others when they 
deemed such appointments necessary, including resident 
officers of the national forest service. State and county 
officials whose duties made their services as wardens par- 
ticularly desirable were required to accept appointment as 
wardens when requested. 

The act made it unlawful to fire timber slashings between 
June first and October first of each year without a permit 
from the state warden. Although the burning of small 
quantities of slashing under adequate precaution was ex- 
cepted, the escape of fire was to he prima facie evidence of a 
violation of the act which carried a maximum fine of five 
hundred dollars or imprisonment for three months. Heavy 
penalties were prescribed for the firing of the woods of 
another, or for willfully or negligently permitting fire to 
escape. The building of camp fires in dangerous places 
or the leaving of them burning, the using of combustible 
gun wads, the operation of an engine without proper spark 
arresters, or the operation of a locomotive over a right of 
way that had not been cleared of combustible material, 
was forbidden under severe penalties. Clatsop and Tilla- 
mook counties were excepted from the requirement that 
slashings be burned annually under permit. 

By an act filed February 24, 1911 ^ the duties prescribed 
in the act of 1907 for the forest, fish and game warden were 
imposed upon the state forester authorized by the later 
act, and the appointment of local wardens was also vested 
in the forester. The powers and duties of wardens specified 
in the act of 1907 were enlarged. Local wardens were 
authorized, under the direction of the state forester, to 
issue and revoke permits for the setting of fires, and the 
state forester was authorized to require the owners to prop- 
erly safeguard dangerous slashings which were declared 
public nuisances. The requiremerits of the act of 1907 as 
to the building and leaving of camp fires, the operation of 
locomotives and other engines ^ and the burning of slash- 



1. Session Laws, Oregon, 1911, ch. 278, p. 475. See Am'd S. L. 1915, ch. 69, regard- 

ing destruction of fire notices. 

2. See Act Feljruary 2.3, 1909, cli. 150, requiring railroad operators of lines east of 

the Cascade Mountains to mow riglit of way yearly. 



15G FOREST LAW IN AMERICA 

ings, were modified in several particulars. In times of es- 
pecial danger the governor might prohibit absolutely the 
use of fire as mentioned in the act, and suspend the open 
season for hunting during a designated period. Offenders 
against the provisions of the act were made liable not only 
for double damages, but also for expenses incurred in con- 
trol of fire caused, and a district attorney failing in his 
duty under the act might be fined one thousand dollars. 

An act filed February 21, 1913 ^ made every county 
judge in Oregon ex-officio a fire warden for his county, 
and authorized him to issue and revoke permits for the 
burning of slashings and brush lands between June first 
and October first. A permittee must give a twenty-four 
hour notice to neighbors of the time when he intended to 
set the fire. An act filed February 26, 1913 ^ required every 
owner of timber land in the s/tate to provide during the fire 
season a patrol satisfactory to the state board of forestry. 
Upon neglect of an owner to furnish such patrol the state 
forester might provide a patrol at an annual cost of not 
over five cents per acre, which should constitute a lien upon 
the property and be collected by county officials in the 
succeeding tax levy. Residence by an owner upon or within 
one and one-half miles of a tract was to be considered a 
sufficient patrol. Timber land was defined as land having 
upon it sufficient timber to constitute a fire menace, and 
an "adequate control" was defined as one equal to that 
maintained by one-half of the timber owners patroling 
similar lands in the same locality. 

Pennsylvania. A Pennsylvania act of May 2, 1901 ^ 
provided for the enforcement of the act of July 15, 1897, 
whenever the county authorities failed to appoint efficient 
persons to detect and punish those responsible for forest 
fires. 

An act of March 31, 1905'' amended the act of March 
30, 1897, so as to require constables acting as fire wardens 



1. Session Laws, Oregon, 1913, ch. 90. 

2. Session Laws, Oregon, 1913, cli. 247. See S. J. R. No. 26, S. L. 1915, p. 613 retliis 

law. 

3. Session Laws, Penn., 1901, No. 86, p. 119. 

4. Session Laws, Penn , 1905, No. 65, p. 89. This act was repealed by an Act of April 

29, 1909, S. L., p. 290. 



FIRE LEGISLATION BETWEEN 1900 AND 1916 157 

to resort to fires approaching the forests of their own town, 
increased the pay of w^ardens and those assisting, increased 
the penalty for a refusal to assist a constable, and increased 
the limit of expenditure to be incurred in one year by a 
county. 

On April 25, 1907 ^ provision was made for the payment 
by the state of two-thirds of thte expense incurred in the ex- 
tinguishment of forest fires, and the duties of fire wardens 
were more explicitly defined, all constables and employees 
of the department of forestry being declared ex-officio fire 
wardens. An act of June 12, 1907 ^ contained very strict 
provisions against the setting of fires in forest land in which 
there were producing oil or gas wells. The act also required 
the annual removal of all inflammable material for a dis- 
tance of one hundred feet from each oil or gas well or rig set 
for drilling purposes, or within one hundred feet of the right 
of way of any railroad crossing such forest land. The act 
also required that the right of way of railroads passing 
through forest land on which there were producing oil and 
gas wells be cleared at least once annually of all inflammable 
materials, and provided a penalty for a failure to remove 
materials as required, to use efficient appliances to prevent 
the setting of fires or to provide sufficient trackmen for the 
prompt suppression of fires which might be set by a loco- 
motive. 

On April 29, 1909 ^ the act of March 31, 1905, requiring 
constables to act as fire wardens was repealed, and on May, 
13, 1909 ^ provision was made for a force of forest fire 
wardens distinct from the force of peace officers. The com- 
missioner and deputy commissioner of forestry were made 
solely responsible for the forest fire protection work of the 
state, and were authorized to appoint a district fire warden 
in each borough and township. Fire wardens were author- 
ized to employ men to suppress forest fires and to compel 
assistance when necessary. Wardens were allowed twenty- 
five cents, and others fifteen cents, per hour while engaged 
in forest protection work. Employees of the department of 



1. Session Laws, Penn., 1907, No. 86, p. lOL 

2. Session Laws, Penn., 1907, No. 334, p. 527. 

3. Session Laws, Penn., 1909, p. 290. 

4. Session Laws, Penn., 1909. No. 601, p. 781. 



158 FOREST LAW IN AMERICA 

forestry were made ex-offieio wardens, but were required to 
perforin such service without additional compensation. 
District wardens were authorized to employ assistant fire 
wardens at twenty cents per hour who were to have the 
powers and duties of district w^ardens. All expenses of 
fire control were to be paid by the state, which was to col- 
lect at the end of each calendar year from each county 
one-fifth of the cost of fire extinguishment in that county 
for the year. 

The act authorized the employment of a forest patrol 
during the months of April and May and from September 
fifteenth to November fifteenth each year if the commis- 
sioner of forestry considered the conditions such as to make a 
patrol advisable, the expense of such patrol to be borne in 
the same manner as that for actual fire extinguishment. 
Wardens were empowered to arrest without warrant, 
persons detected violating the law. 

An act of May 5, 1911 ^ provided penalties of not over 
one thousand dollars' fine or not over six months' imprison- 
ment, or both, for the willful, negligent or malicious firing 
of state forest reserves, and repealed all inconsistent acts 
or parts of acts; and an act of June 9, 1911 - prescribed 
the same penalties for the building of a fire in the woodlands 
of another, or for negligently or willfully permitting a fire 
to be communicated to such woodland. 

An act of July 22, 1913 ^ authorized the cooperation of 
the state forestry force with local fire protective associa- 
tions in the prevention and control of fires; and an act of 
April 21, 1915 ^ extended the powers and duties of foresters, 
rangers and other forest employees. 

To provide for more efficient protection of forests from 
fire, a Pennsylvania act of June 3, 1915 ^ created a bureau 
of forest protection in the state department of forestry, 
provided for wardens, for a penalty for failure to assist 
a warden when summoned, for severe penalties for firing 
the woods, and required railroad operators to adopt such 



1. Session Laws. Penn., 1911, p. 163. 

2. Session Laws, F'enn., 1911. p. 861. 

3. Session Laws, Penn., ir)13. No. 432. p. 906. 

4. Session Laws. Penn., 191."), No. 77, p. l.'>6. 

5. Session Laws. Penn.. 1915. No. 3.53. p. 797. (Sec. 8, railroads). Cf. Act Mar. 6, 

1915, S. L. p. 260 proliibiting the sale of Are balloons. 



riRE LEGISLATION BETWEEN 1900 AND 1916 159 

precautionary measures a« the chief fire warden and the 
public service commission should require. An act of June 
4, 1915 ^ authorized the state officials to cooperate with 
counties, towns, municipalities and private parties in forest 
fire protection, and one of June 15, 1915- authorized the 
incorporation of non-profiting companies for the preservation 
of forests. 

Rhode Island. The Rhode Island act of April 6, 1906 ^ 
providing for a commissioner of forestry, required him to 
obtain and publish information regarding "the means of 
protecting the forests from fire." 

By an act approved April 23, 1909 ^ the legislature of 
Rhode Island provided that no fire should be set in the 
open air within that state between April first and December 
first without the written permission of a town forest warden, 
except that domestic, agricultural and other waste, or de- 
bris from railroad rights of way, might be burned on plowed 
fields, or on lands devoid of inflammable material, if not 
within one hundred feet of forest land, nor within fifteen 
feet of a building. Town wardens Were authorized to arrest 
without warrant persons detected violating this act. 

An act of May 7, 1909 ^ required the annual appoint- 
ment of a forest fire warden by each town council, and the 
appointment of two or more district wardens if the town 
contained over four thousand acres of woodland. The 
wardens were required to take active measures to prevent 
and suppress forest fires, and given authority to summon all 
able-bodied men between eighteen and fifty years of age, 
and to require the use of horses, wagons and other property 
under penalty of a fine. A patrol by districts might be 
required in time of drought. Fines and imprisonment were 
to be imposed for the willful or negligent firing of the woods. 
Town wardens were allowed twenty-five cents, district 
wardens twenty cents and temporary employees seventeen 



1. Session Laws, Penn., 1915, No. 361, p. 815. 

2. Session Laws, Penn., 1915, No. 427. p. 986. 

3. Session Laws, R. I.. 1906, ch. 1332. 

4. Session Laws, R. I., 1909, cii. 395. Tiais Act was amended by Laws 1910, ch. 580, 

to malce the closed period l)egin March 1st and to authorize district forest war- 
dens also to issue the required permits. 

5. Session Laws, R. I., 1909, ch. 451. See Act Apr. 14, 1916, S. L., ch. 1396, p. 173, 

increasing the annual appropriation for the purposes of the Act from $1500 to 
.$2000. 



IGO FOREST LAW IN AMERICA 

cents per hour for fire fighting, and all persons seventeen 
cents per hour on patrol work; the cost of patrol and fire 
fighting to be paid in equal parts by the state and the town. 
No warden was to receive pay for over three hundred hours 
in one year, nor employee for over one hundred, except 
as a town charge under a special authorization by its coun- 
cil, and the amount to be expended in any one town annually 
by the state was limited to one hundred and fifty dollars. 
The act specified that no action of trespass should lie 
against wardens for acts done in the performance of their 
duty, and they might arrest without warrant those detected 
violating the law. They were required to report upon fires, 
and authorized to subpoena witnesses for an investigation 
as to the causes of fires. Fines were to be divided between 
the complainant and the town. 

The act authorized any railroad company, upon due 
notice, to enter unimproved land adjoining its right of way 
and, at its own expense, subject to supervision of the town 
warden, clear away inflammable material for a distance of 
one hundred feet each side of its track without liability for 
trespass. 

The act of May 7, 1909, was amended on May 2, 1910 ^ 
to require the town council to notify the commissioner of 
forestry as to appointment of a w^arden, to provide that 
towns having less than four thousand acres might have two 
or more districts in the discretion of the council, and to 
substitute "April or May" for "March or April" as the 
time for appointment. 

On March 31, 1911 - the law was again amended to 
provide that whenever two or more adjoining towns having 
eight thousand or more acres of w^oodland, or forest owners 
in two or more towns having four thousand or more acres, 
should establish a lookout station connected with the local 
telephone system for fire protection purposes, as approved by 
the forest commissioner, a watchman should be appointed 
for not exceeding three hundred hours annually, to be paid 
in equal shares by the state and the town protected. How- 
ever, only two lookouts in one county were entitled to 



1. Session Laws, R. I., 1010, ch. 587. 

2. Session Laws, H. I., 1911, ch. 664, p. 21. 



FIRE LEGISLATION BETWEEN 1900 AND 1916 161 

public money. The compensation of town and district 
wardens was increased to thirty cents per hour, employees 
to eighteen cents, and wardens and others on patrol to 
twenty cents. Wardens were also allowed ten dollars and 
district wardens five dollars annually, in lieu of incidentals. 
The amount of state expense allowable in a town was in- 
creased to three hundred dollars, and a minimum of five 
hours and a maximum of one hundred hours established for 
employees. Three-fourths of the expense incurred by a 
warden for a telephone might be paid in towns having 
over one thousand acres of woodland. 

South Carolina. A South Carolina act of February 9, 
1900 ^ provided that when a forest fire occurred it should be 
the duty of every member of the board of assessors of the 
township in which the fire occurred to immediately call out 
as many, subject to road duty, as they considered necessary, 
for the purpose of extinguishing the fire. For refusal to 
obey the call, the same penalty as for refusal to work upon 
the public roads might be imposed, and for all time given 
in response to such a call corresponding deduction was 
authorized from the time required of such person on public 
road work. 

South Dakota. An act of February 23, 1911 ' providing 
for the administration of school and other public lands of the 
state of South Dakota, authorized the forest supervisor, who 
might be appointed by the commissioner of school and public 
lands, to employ such assistance as he should deem necessary 
for the control of forest fires on or near state public lands. 

Tennessee. A Tennessee act approved April 13, 
1907 ^ imposed a fine of from one hundred to two hun- 
dred and fifty dollars for the willful or negligent setting or 
leaving of a fire upon wooded country or forest belonging 



1. Session Laws. S. C, 1900, No. 248. See Crim. Code S. C, 1912, sec. 215-216 (pen- 

alties). ^ , 

2. Sess. L.. S. Dak., 1911, ch. 224, sec. 78 on p. 374. See also Penal code, S. Dak., 

190.3, sees. 472-473; and the provisions for town Are guards for the prevention 
of prairie fires in art. 24, ch. 13, polit. code of 1903, as amended by act Feb. 
28, 1905, S. L., ch. Ill, p. 157, and act March 8, 1915, S. L.. ch. 193, p. 381. 

3. Session Laws, Tenn. 1907, ch. 397, p. 1336. See Code of 1896, Shannon, sees. 3017- 

3018, cf. sec. 6496, par. 11. 



162 FOREST LAW IN AMERICA 

to the state or the United States, or for the deliberate or 
careless setting or leaving of a fire upon other land which 
should be communicated to such state or federal land. 
Back fires set in good faith were excepted. The act also 
made it a misdemeanor for any one to willfully, negligently 
or carelessly set a fire, either on his own land or that of 
another, which should injure or endanger the property of 
another; or to leave an unextinguished fire or carry a naked 
torch on or dangerously near to forest land. 

It was the duty of railroads to prevent fires spreading 
from their rights of way to adjacent woodlands; to prevent 
the dumping of fire or live coals in the vicinity of woodlands 
or other lands liable to be overrun by fires and to require 
employees to report fires along the right of way or extin- 
guish them. Violation by a railroad company of the pro- 
visions of the act was made a misdemeanor. Those en- 
gaged in the construction of railroads were made liable for 
damages caused to timber and liable to a fine for failure to 
extinguish fires. 

Operators of logging locomotives were required to have 
them equipped with suitable spark arresting devices under 
penalty of conviction of a misdemeanor if damage was 
suffered by any one because of their failure to use the de- 
vice. 

The firing of a charcoal pit, brush, grass, leaves, or 
other material whereby the property of other persons was 
endangered or destroyed without the maintenance of a 
competent watchman from the setting to the extinguish- 
ment of the fire was also declared a misdemeanor. 

The act required that during dry and dangerous seasons, 
the Department of Game, Fish and Forestry use such means 
as it should deem necessary for the prevention or suppres- 
sion of forest fires, and each warden was authorized to call 
to his assistance in emergencies any able-bodied male 
person over eighteen years of age, to be paid at the rate of 
three dollars per day. Failure of a warden to perform his 
duty or of one summoned to assist at a fire were both made 
misdemeanors subject to a fine of not over one hundred 
dollars or imprisonment for not over three months. The 
state warden and his special deputy might visit portions 



FIRE LEGISLATION BETWEEN IHOO AND 1916 163 

of the state where there was particular fire danger and 
might receive free trajisportation over railroads for inspec- 
tion of their rights of way. Non-residents of the state 
were permitted to camp for pleasure within the state forest 
reserve only on condition that they employ a state warden 
who was to be held responsible as to the prevention of the 
escape of camp fires. 

A new act of May 17, 1915 ^ provided for the preser- 
vation, propagation and protection of game animals, wild 
birds and fishes, by the establishment of a Department of 
Game and Fish. The act directed the governor to appoint 
a state game and fish warden for a term of two years at a 
salary of twenty-five hundred dollars per annum and 
authorized the employment of a clerk at twelve hundred 
dollars per annum. The state warden was authorized to 
appoint deputy game and fish wardens in each county who 
should hold office at his pleasure. All sheriffs, deputy 
sheriffs, constables, city marshals and policemen were 
made ex-officio deputy game and fish wardens for their 
official territory. 

Section twenty-four of this act declared that whereas 
the destruction of the forests was detrimental to the in- 
crease of the animals, birds and fishes protected by the act, 
it should be the duty of all wardens to caution sportsmen 
as to the danger from fire, to extinguish fires and to give 
notice of fires to all interested parties. 

Since section fifty-four of this act repealed all existing 
laws as to fish and game, with certain exceptions among 
which the act of April 13, 1907 was not given, it is probable 
that the said act of 1907 is no longer in force and that Tennes- 
see had no adequate forest protection law at the close of 
the year 1916. 

Texas. A Texas act of 1907 - providing for a game, 
fish and oyster commissioner, required such commissioner 
and his deputies to act as fire commissioners and to prevent 
and extinguish forest, marsh and prairie fires and to report 
to all interested parties when fires were beyond their con- 



1 Session Laws, Tenn., ch. 152, p. 423. 

2. Session Laws, Texas, 1907, p. 257, sec. 12. 



164 FOREST LAW IN AMERICA 

trol. The protection from fire of lands held by the state for 
forestry purposes, and the study of forest fire problems, 
was authorized in general terms by the act of March 31, 
1915 ^ providing for a state forester. 

Utah. Prior to January 1, 1917, no provision for the 
prevention and control of forest fires has been made in Utah 
other than the early acts providing penalties for the unlawful 
firing of the woods. - 

Vermont. A Vermont act of December 9, 1904 ^ mak- 
ing general provision for forest administration within the 
State, made the first selectman of each town forest fire 
warden therein, and provided for payment for such services 
at the same rate as for other town duties. Persons called 
out by him were to be paid fifteen cents per hour, but no town 
was to be liable in any one year for over five per cent of 
the grand list. If greater expenditures were authorized 
hy the state forestry commissioner, the additional expense 
w^as to be paid by the state. A penalty of ten dollars was 
fixed for failure to respond to a fire call. The forestry com- 
missioner might appoint a warden annually in any unor- 
ganized town or gore who should have the same powers 
and duties as town selectmen, but all expenses in such lo- 
calities were to be paid by the state arid were not to exceed 
one hundred dollars for one year in one such town or gore. 

A fine of fifty dollars, or thirty days' imprisonment, was 
provided for the leaving of a fire in or adjoining woods. 
Wardens were required to report all fires at the end of each 
year. Anyone neglecting his duties under the act, tearing 
down notices, or disobeying any provision for which no 
special penalty was provided, could be fined ten dollars. 

An act of December 18, 1908 ^ declared that anyone 
who should set a fire upon the land of another and thereby 
cause damage might be fined from ten dollars to one hun- 
dred dollars, or be imprisoned from thirty to sixtj^ days. 



1. Session Laws. Texas. 1915. ch. 141, p. 220. 

2. See Comniled Laws. 1907, sec. 4429 and 447,S (public land). 

3. Session Laws. Vermont. 1904, No. 16. See Act Dec. IS, 190S. S. L., ch. 11, state 

forester to be fire warden. The language of section 3 rcKardiuf; the powers and 
duties of the first selectmen was modified in set-. 3.50 of the I'ultlic; Stat, of 190(5. 
and amende! in minor particulars by an Act of January (i. 1909, S. L. No. 14: 
and asain bv .Act of .lanuarv 27. 1911, S. L., No. 20. 

4. Session Laws. Vt.. 190>, No. 166. 



FIRE LEGISLATION BETWEEN 1000 AXD 1916 165 

A Vermont act approved October 21, 1908 ^ declared 
that whenever, during the open season for hunting, it should 
appear to the governor that by reason of drought the use 
of fire arms in the forest was liable to cause fires, he might, 
by proclamation, close the season for a designated time, 
during which all provisions of the regular closed season as 
fixed by the legislature should be effective; and the shooting, 
during the time covered by such proclamation, of any 
animal or bird for the hunting of which no regular closed 
season had been provided, was made punishable by a fine 
of one hundred dollars and costs. It was provided that if 
the period closed by proclamation included the regular 
open season for deer hunting, the governor should provide 
for an open season of six consecutive days at some other 
time in the same year as an open season for the hunting 
of deer. On October 26, 1910 - there was added to section 
one of the act of 1908 a provision authorizing the reopening 
by the governor of the period closed by proclamation, ex- 
cept that the reopening as to deer must be effected in the 
manner fixed by the act of 1908. An act of January 13, 
1911 ^ made all fish and game wardens ex-officio forest 
fire wardens, with all the powers and duties of the regular 
fire warden. 

On January 27, 1911 ^ the compensation of selectmen and 
wardens in unorganized towns for forest fire duties was 
fixed at two dollars per day, and thej^ were required to re- 
port all fires fully within two weeks after discovery. This 
act authorized any fire warden, with the permission of the state 
forester, to establish a patrol in dangerous localities, the 
expense of which was to be paid the same as that of fire 
fighting. Two dollars a day was allowed a warden for the 
posting of notices, and the penalty for a failure in his duty 
was made tw^enty-five dollars. The payment by the state 
of the expenses of wardens in attendance at local meetings 
for the discussion of fire problems was authorized; as also 
the maintenance at state expense of a watchman at two 



1. Session Laws. Vermont, lOOS. No. 13. 

2. Session Laws. Vermont. 1910. No. 194. (See Laws 1912, No. 201, sec. 10, authorizing 

exception of shores of Lake Champlain and other localities not aflfected by drought. 

3. Session Laws, Vermont. 1910, No. 183, p. 201. Cf. Laws of 1912, No. 201. sec. 73, 

p. 277. 

4. Session Laws, Vermont, 1910, No. 20, p. 14. 



166 FOREST LAW IN AMERICA 

dollars per day at lookout stations established by private 
owners and connected with telephone systems. The state 
forester was authorized to divide any town into districts and- 
appoint a warden for each. The chief of the fire department 
of any city was required to perform fire warden duty with- 
out additional compensation at forest fires within the city 
limits. 

On January 11, 1913 ^ the forest fire law was amended 
to require the board of selectmen of each town to appoint 
annually a forest warden, and upon their failure to make 
a selection before March first, the state forester might ap- 
point a warden. Persons summoned by a warden to assist 
in fire control were to receive the same pay as for highway 
work, with a minimum time allowance of five hours. Ex- 
penses incurred by one town in fire extinguishment in an 
adjoining town were to be paid by the latter town, and if 
any town failed to pay fire control expenses, the state for- 
ester was authorized to pay and the amount later required 
from the town by the state. 

Virginia. A Virginia act of January 18, 1904 ^ regu- 
lating the construction and operation of railroads, retained 
the penalty of ten dollars for each day that a railroad com- 
pany should operate within the state a locomotive not 
having an approved spark arrester that had been prescribed 
in an act of 1884 ^ and required railroad companies to 
keep their rights of way cleared of combustible material. 
This act omitted the provision in the act of 1884 releasing 
the railroad company where the one injured had also been 
negligent. An act efi'ective June 26, 1908 ^ made railroad 
companies liable for damage caused by fires set by their 
equipment or employees, irrespective of whether the loco- 
motive were equipped with a proper spark arresting ap- 
pliance and regardless of the condition in which such ap- 
pliance should be; and another act '" effective the same day, 
afforded every railroad an insurable interest in any property 



1. Session I.aws. Vermont, 1012. No. 27, p. 25. 

2. Session l>;i\vs, Virginia, 1902-0.3-04. p. 98.5, sec. 18 (spark arrester) sec. 55, (clear 

right of way); sec. 70 (general penalty.) 

3. Act Marcli is, 1SS4, S. L.. ch. 524, p. 706. 

4. Act approved March 1.3. 190S, S. L., ch. 2G9, p. 388. 

5. Act approved March 14. 1908, S. L., ch. 392, p. 679. 



FIRE LEGISLATION BETWEEN 1900 AND 10 10 167 

along its line for the injury of which by fire it might be held 
liable. 

On June 26, 1908 ^ a new act regarding the unlawful and 
malicious firing of the lands of another became effective 
in Virginia, with a maximum penalty of five hundred dollars 
and three years in the penitentiary. 

The general forestry act of March 21, 1914 ^ authorized 
the governor to commission, from time to time, the persons 
whom the state geological commission should designate as 
forest wardens to aid in the administration of the act. 
These wardens were to possess and exercise the authority 
and power of constables as to arresting and prosecuting 
persons violating the state forest, fish and game laws. The 
board of supervisors of each county were authorized to 
le\^ and appropriate money for purposes of forest protec- 
tion, improvement, and management, and to recover in an 
action at law from any individual or corporation on whose 
account they should expend money for fire fighting. 

The act of March 21, 1914, also made it a misdemeanor, 
punishable by a fine of from ten to one hundred dollars, 
for anyone to operate a locomotive, or other engine or boiler, 
not burning oil, in or near forest or brush, without proper 
appliances to prevent the escape of fire from the smoke 
stack, firebox or ashpan, and made land owners liable for 
all damages to others and for the cost of extinguishing fires 
set upon their own lands, unless all possible care had been 
taken, before the setting of the fire, to prevent its spreading. 
Individuals and corporations were made liable to the state 
and county for all damages and for the cost of fighting fires 
unlawfully set. 

Washington. The Washington act of March 16, 
1903 ^ making the state land commissioner ex-officio state 
fire warden, and the commissioners of counties deputy 
fire wardens, also made all state land cruisers forest patrolmen 
at large. At the discretion of the state warden timber 
cruisers and others in the employ of private parties might 



1. Session Laws, Virginia, 190S, ch. 40, p. 42: cf. Laws 1877-8, p. 288. 

2. Session Laws, Virginia. 1914. ch. 195, p. 30.5. See Act Mar. 20. 1916 in Code 1916, 

Pollard, p. 952, authorizing a fine or imprisonment in addition to liability for 
damages and cost of control of fires set in the woods. 

3. Session Laws, Wash., 1903, ch. 114. p. 205. 



168 FOREST LAW IN AMERICA 

be made special forest patrolmen at large without compen- 
sation. Cruisers and others might be made patrolmen or 
deputy wardens by county commissioners. All patrolmen, 
wardens and deputy wardens were authorized to arrest 
without warrant persons detected violating the forest law. 

It was made the duty of the boards of deputy wardens 
in timber counties to establish each year a closed season 
during which no slashing should be burned without a per- 
mit from the board and due notice to neighbors. Men might 
be detailed to assist in the control of fires set for the burn- 
ing of slashing. Deputy wardens were required to patrol 
districts, post warnings and enforce the law. Penalties were 
imposed for the malicious or careless setting of a fire and 
for a refusal by a resident to assist in forest fire control when 
summoned. The setting of fires by the leaving of camp 
fires, by the dropping of matches or cigars, or by the use of 
firearms, might also be punished. A penalty of ten to fifty 
dollars might be imposed for each day that a spark emitting 
locomotive or other engine or boiler was operated without 
an arrester, during June to October, inclusive, or in or near 
a slashing or brushland during a closed season. The ex- 
pense of forest patrol and fire-fighting was to be borne by 
counties, and all fines collected under the provisions of the 
act were to be placed in the treasury of the county in 
which collected. 

The act of March 11, 1905^ creating a board of forest 
commissioners in Washington, and providing for the appoint- 
ment of a forester who should have charge of all fire protection 
work in the state, contained exceptionally detailed regula- 
tions as to fire patrol and control. The commissioners were 
authorized to appoint a deputy warden for all or any portion 
of the period from June first to October first of each year 
within any county of the state having timber requiring 
protect^' on. Such wardens were to receive four dollars a 
day and certain expenses, payable two-thirds by the state 
and one-third by the county. Special expenses for assis- 
tance were to be paid by the state and county in the same 
proportion. The detailing of deputy wardens to work in 
other counties by the forester was authorized, and the 



1. Session Laws. Wash., 190.5, cli. 104. 



FIRE LEGISLATION BETWEEN 1900 AND 1916 169 

penalty provision for refusing to obey a summons, by 
a warden was retained. State land cruisers were made 
forest rangers, and persons employed by private parties 
r^ight be appointed rangers by the state forester, but 
without compensation. All such officials were vested with 
police powers. 

Between June first and October first no slashing, wood- 
land or brushland could be legally burned in a county where 
there was a deputy fire warden without a permit from such 
county warden under regulations prescribed by the forest 
commissioners. Provision was made for the employment 
by a deputy warden of men to assist at the burning of slash- 
ings or in the suppression of fires, at twenty-five cents per 
hour of actual service. The fine of from ten dollars to five 
hundred dollars for the setting or leaving of a fire that caused 
damage to another, and the penalty of a fine of from twenty 
to one thousand dollars, and imprisonment of from one 
month to one year prescribed in the act of 1903, were re- 
tained, as also the penalty of a fine of from ten to one 
hundred dollars and two months' imprisonment for the 
starting of a fire in any negligent manner. The provisions 
of the previous act as to the use of spark emitting engines 
during June to October, inclusive, or in or near forest land 
during a closed season without an arrester were reenacted. 
A new section w^as added declaring that any prosecuting 
attorney or other magistrate who should fail to act with 
diligence and energy in any case of violation of the forest 
law properly brought to his attention, should be guilty of a 
misdemeanor, and subject to a maximum penalty of five 
hundred dollars and one year's imprisonment. The burn- 
ing of small quantities of material under proper precautions 
was excepted from the provisions of the act. 

In a general criminal act of March 22, 1909 ^ the firing 
of wood or brush between June first and October first in 
a county having a warden, without a permit, or a failure to 
observe the prescribed precautions as to such a fire, was de- 
clared a misdemeanor. The willful or negligent setting of a 
fire or a failure to extinguish one, either upon one's own 



1. Session Laws, Wash., 1909. ch. 241, sec. 270, 271 and 272. Same in Codes & St., 
1915, Rem., sees. 2522 to 2524. 



170 FOREST LAW IN AMERICA 

land or that of another, whereby the property of another 
was endangered, and failure to respond to a lawful summons 
to aid in fire control, were declared misdemeanors. 
The operation of an engine without an efficient spark arrester 
near brush or other inflammable material was made amis- 
demeanor. 

The Washington law regarding the prevention and con- 
trol of forest fires was revised and amended materially in an 
act of March 18, 1911. ^ The forester was authorized, 
with the approval of the state board of forest commissioners, 
to appoint wardens in any county for all or any portion of 
the period during w^hich he deemed fire danger to exist. 
Subject to the approval of the said board, the forester might 
employ special wardens for the purpose of examining de- 
forested lands of the state, with a view to ascertaining 
whether they were better fitted for agriculture or for the 
growing of timber. These wardens were required to assist 
in the burning of inflammable material thus discovered, 
with a view to protecting the forest resources of the state. 
The forester might temporarily discharge inefficient wardens 
and rangers and employ others temporarily in their places. 
The compensation, jurisdiction, and manner of payment of 
wardens remained as in the act of 1905. Wardens were 
required to perform such services and to submit such re- 
ports as the forester should direct. They must patrol dis- 
tricts, inspect locomotives, extinguish fires, and enforce 
all laws against trespass and the setting of fires. State 
land cruisers, game wardens, and federal forest service offi- 
cials and other citizens commissioned as rangers 
by the state forester were to receive no compen- 
sation except twenty-five cents per hour for actual 
fire suppression upon accounts approved bj^ the state 
forester. 

The closed season during which no slashing was to be 
burned without a. permit, under penalty of a fine of from 
twenty-five to five hundred dollars and imprisonment for 
thirty days, was changed to comprise June to September, 



1. Session Laws, Wash., 1011, ch. 125, p. 623: Same in Rem. & Bal. Code. Vol. 3 
(Suppl. 1913), sees. .->277-l to 5277-21. See State v. Hendricks, GS Wash 070, 
123 Pac. 1077 hoUiiiifi that under section 8 of ch, 125 one may be convicted for 
burning logs and stumps in own yard without a permit. 



FIRE LEGISLATION BETWEEN 1900 AND 1916 171 

inclusive, and any assistant of the forester, warden or ranger 
might refuse, revoke or postpone the use of permits when con- 
sidered necessary. Dry snags, stubs and trees over twenty- 
five feet high must be cut down, and other precautions 
taken before slashings were burned, and a warden might 
furnish a special employee to assist at such burnings. The 
employment of men for fire control, and the furnishing of 
tools, supplies and transportation for those employed, was 
authorized. The compensation of special employees was 
fixed at twenty-five cents per hour, and a fine of from ten 
to one hundred dollars might be imposed for a refusal to 
assist. All inadequately pro.tected forests, or deforested 
land covered with inflammable material, which because of 
location near forest land, or lack of protection, constituted 
a source of danger to life or property, was declared a public 
nuisance, and the forester, upon learning of such a situa- 
tion, was required to request the owner or the one in con- 
trol to remedy the condition. Slashing caused by the 
building of a road or railroad must be properly disposed of, 
and the felling of trees into green timber owned by another, 
without permission, was forbidden. In times of unusual 
danger the governor was authorized to suspend all permits 
and suspend the open season for hunting. Severe penalties 
for the willful or negligent setting of fires were prescribed, 
and a maximum fine of five hundred dollars and imprisonmen t 
for thirty days might be imposed for the burning of wood 
waste at a manufacturing or power plant within one-quarter 
of a mile of forest land without such devices as should be 
necessary to prevent the escape of fire. 

The operation of any spark-emitting engine or boiler in 
forest land or within one-quarter of a mile of any forest 
material during the closed season, without suitable safety 
appliances upon the stack and fire boxes, was made unlawful, 
with the same penalties as in the act 1903. A fine of from 
twenty-five to one hundred dollars might be imposed for 
the depositing of fire or live coals outside of yard limits and 
within one-quarter of a mile of any forest material. Ward- 
ens and rangers were required to report violations of the 
law as to fire prevention appliances to the forester and to 
the district attorney. Every one operating, during the 



172 FOREST LAW IN AMERICA 

closed season, a stationary or ] ortable engine for logging 
or clearing land was required to maintain a watchman on 
duty for at least two hours following every time that 
operations ceased, and to cut down all snags, stubs and dead 
trees over twenty-five feet in height within a radius of fifty 
feet of each setting. Every one operating a logging locomo- 
tive not burning oil, during the closed season, must main- 
tain a patrol following all movements of the engine after the 
elapse of approximately thirty minutes. A fine of one 
hundred dollars, or imprisonment for thirty days might 
be imposed for a violation of the provisions as to clearing 
land and operating logging locomotives or stationary 
engines. 

West Virginia. An act for the protection of forests, 
fish and game enacted in West Virginia, March 1, 1909 ^ 
declared it a misdemeanor to build a fire upon the land of 
another in connection with hunting or fishing without the 
written permission of the owner of the land, and author- 
ized the owner or lessee of the land to arrest offenders. It 
made all deputy game wardens ex-officio forest fire wardens, 
and required them to take active measures to suppress all 
fires of which they should learn. They were authorized to 
destroy fences, plough land, set back fires, hire assistants, 
and summon residents to assist them under penalty of a 
ten-dollar fine for refusal. They were required to report 
all fires covering over one acre, with an estimate of the loss 
and the cause and means used for extinguishment. Ward- 
ens were to receive two dollars per day for the time actually 
given to fire fighting, and county courts were required to 
fix the rate, not exceeding two dollars a day, to be paid as- 
sistants. All expense for fire fighting was to be paid by the 
county in which the fire occurred. 

It was made a misdemeanor to leave a fire burning in a 
field, road, or near forest land, with a maximum penalty 
of a fine of one hundred dollars or imprisonment for ninety 
days. The negligent firing of lands to the damage of another 
was punishable by a fine of five hundred dollars and one 



1. Session Laws, W. Va.. 1909. ch. 60, p. 470. sees. 49 to 5."», iucl. Seo Code W. Va. 
1913, Hodi^. seoi. ;<,''>15-;i.'jl9. 



FIRE LEGISLATION BETWEEN 1900 AND 1916 173 

year's imprisonment, and the willful firing of land was de- 
clared a felony, with a penalty of not less than one nor more 
than two years in the penitentiary. 

Railroad companies operating trains through forest lands 
were required to clear all inflammable material from their 
rights of way twice each year, employ sufficient trackmen "to 
extinguish fires, provide locomotives with fire-prevention 
devices, prevent their employees from depositing coals 
and ashes near forest lands, and require them to extinguish 
fires or report them to forest fire wardens, under penalty of 
from twenty dollars to two hundred dollars on a charge of 
committing a misdemeanor. 

The cost of extinguishing any fire ^was made recoverable 
by the w^arden, in the name of the county, from the person 
or corporation responsible for it and such recovery was not 
to act as a bar to the recovery of civil damages by anyone 
injured. 

On March 4, 1915 ^ the act of 1909 was amended to 
authorize the state forest, fish and game warden to appoint 
special fire wardens for cooperating with the federal govern- 
ment under the Weeks Law of March 1, 1911 (36 Stat. L., 
961), and also special county wardens. The imposition 
of a fine of from ten dollars to fifty dollars, or sixty days' im- 
prisonment, and imprisonment from twenty to sixty days for 
failure to pay the fine, was provided for the refusal of a 
person, physically able, to respond to a forest fire call. The 
payment of not over one dollar and fifty cents per day by 
a warden to assistants was authorized. An amendment 
made the leaving of a fire a misdemeanor only if damage to 
any property should result therefrom. 

The section of the 1909 act making it a felony to will- 
fully set a fire on the land of another so as to occasion dam- 
age was amended to cover only cases of unlawful or malicious 
firing, with a provision for double damages to the one in- 
jured. An entirely new provision made it unlawful for one 
to set a fire on his own lands without a previous notice to 
his neighbors and the taking of all possible care and pre- 
caution to prevent the spread of fire by having previously 
cut, piled, or carefully cleared away inflammable material 



1. Session Laws, W. Va.. 1915, ch. 15, p. 162. 



174 FOREST LAW IN AMERICA 

around the land to be burned. ^ Setting a fire contrary to 
the provisions of the act and allowing it to escape to the 
damage of another was declared prima facie proof of willfulness 
or neglect, and a civil action was given both for damages 
and for the cost of extinguishment. Section fifty-four regard- 
ing the duty of railroads as to fire prevention was per- 
fected by minor amendments. 

Wisconsin. On May 14, 19 - the state fish and 
game warden, all special deputy wardens, and all county 
wardens, were made ex-officio fire wardens, without extra 
compensation, and deputy wardens were required to report 
all fires and trespasses upon public land that should come 
to their attention. 

The act of May 22, 1903 ^ providing for a board of forest 
commissioners' and a state superintendent of forests made 
the latter ex-officio forest warden, with the duty of enforc- 
ing the state law regarding the prevention and extinguish- 
ment of forest and marsh fi.res. He was given authority 
to appoint one or more fire wardens in each town of twenty- 
nine counties named in the act and covering substantially 
the northern half of the state, and power to appoint fire 
w^ardens in any town in any other county upon being re- 
quested to do so by the board of supervisors of such town. 
Each warden was required to take the necessary steps to 
prevent the improper setting or progress of fires in his 
own or adjoining towns within eighty rods of the line of 
his own town when the warden of such adjoining town was 
unable or unwilling to do so. A ten-dollar fine and ten days' 
imprisonment might be imposed upon any warden who 
failed to perform his duty, or upon anyone who refused to 
respond to a summons by a warden to render reasonable 
assistance in the extinguishment of a fire. The warden and 
those summoned were to receive not to exceed twenty-five 
cents per hour for fire fighting, but the total of such amounts 
must not exceed one hundred dollars for each thirty-six 
sections in any one year in any one town. Wardens were 
also to receive compensation for posting notices furnished 



1. SuVstantially the same as in tho Virsinia Act of Mar, 21, 1914. S. L. ch. 105, p. 305. 

2. Se.ssion Laws, Wis., 1901, ch. 408. See also laws 1909, ch. 525. 

3. Session Laws, Wis., 1903, ch. 450. 



FIRE LEGISLATION BETWEEN 1900 AND lOlG 175 

by the superintendent of forests, and must report annually, 
and at other times if requested by the superintendent, all 
fires occurring in their districts. All forest officers were 
given the power to arrest any person reasonably suspected 
of violating the forest law, and it was made the duty of the 
district attorney to prosecute upon being informed of the 
offense by the warden. 

The new forest act of May 25, 1905, ^ making the state 
forester state fire warden and the assistant state forester the 
assistant fire warden, gave the former authority to appoint and 
remove one or more town fire wardens for any organized town 
or portion of a town within the state and to supervise the exe- 
cution of their work. The cost of the services of wardens and 
others employed in fire extinguishment, at not to exceed 
twenty-five cents per hour, and in an annual amount not 
exceeding one hundred dollars for each thirty-six sections, was 
to be paid by the towns upon approval by the forester of the 
accounts as submitted by the town warden. With the ap- 
proval of the forester fifty per cent of the net collections 
under a prosecution'might be paid to the informer. 

Wardens were given the powers of sheriffs as to arrest 
without warrant for violations of the act, and the penalty 
for a failure by a warden to perform his duty, or of an 
able-bodied citizen to respond to a summons for fire con- 
trol, was increased to not less than ten nor more than fifty 
dollars, or imprisonment for not less than ten nor more 
than thirty days, or by both. In addition to the annual 
report, wardens were required to report each separate 
fire immediately after its occurrence. A maximum penalty 
of one thousand dollars and one year's imprisonment might 
be imposed for a failure of a district attorney to take proper 
action on cases properly presented to him. A penalty of 
from fifteen dollars to one hundred dollars, or imprisonment 
from ten days to three months, or both, was prescribed for 
the offense of destroying notices posted in accordance with 
the act. 

The operation of locomotives, boilers or engines of any 
character, not burning oil, within or near forest, brush or 



1. Session Laws, Wisconsin, 190.5, ch. 264. See S. L., Wis.. 1907, ch. 118, and S. L. 
1911, ch. 308, adopting the numbering of sections subsequent to the statutes 
of 1898 as given in Sanborn's Supplement. 



176 FOREST LAW TX AMERICA 

grass land, without efficient devices on the stack and fire- 
box to prevent the setting of fires was made unlawful, and 
the clearing of all inflammable material from the right of 
way at least once each year was required. Live coals or 
ashes dumped anywhere outside of a railroad yard must 
be immediately extinguished. Railroad employees must 
report fires at the next telegraph station, and track employees 
must be concentrated to assist in the extinguishment of 
fires. Willful violation of the act might be punished by a 
fine of five hundred dollars and one year's imprisonment. 
Double civil damages might also be collected, and the state 
could recover expense incurred in the extinguishment of 
the fire. Inspection of the right of way by the state forester 
was required. 

By an act effective May 13, 1909 ^ the Wisconsin law re- 
garding the prevention of the setting of fires by railway 
locomotives, donkey, threshing and other engines w^as 
amended in several particulars. This law required that 
during dangerously dry seasons, and when directed by the 
state board of forestry, railway corporations must pro- 
vide for a patrol along each section of their tracks at least 
once each day, with a report to the section foreman of all 
fires discovered. The state board of forestry was also au- 
thorized to inspect any locomotives, donkey or other engines, 
operated in or near forest, brush, or grass land, and to 
enter upon any property for such inspection. 

The Wisconsin law regarding precautions against the 
setting of fires by railroads as amended by an act of June 
30, 1911 ^ limited the time within which it should be un- 
lawful to operate a logging locomotive, donkey, traction, 
portable or other engine, except a railway locomotive, 
without screens and firebox protection, to the period from 
March first to December first, and defined a logging loco- 
motive as one used on a branch, line or division, the main 
business of which was the transportation of forest products. 
Railway locomotives were required to maintain in good re- 
pair and use screens and firebox appliances only from March 
first to December first, but were required to designate an 



1. Session Laws, Wisconsin, 1909, ch. 119. 

2. Session Laws, Wisconsin. 1911, ch. 494. Sec S. L., Wis., 1911. ch. 664; sees. 100 and 

107 of which corrected errors in language of ch. 494. 



FIRE LEGISLATION BETWEEN 1900 AND lOlG 177 

employee at each division point who, during the said period, 
should examine each locomotive each time it left a round- 
house, and both this emplo3^ee and the company were held 
responsible for compliance with the law. Locomotive in- 
spectors to be designated by the state board of forestry were 
given the power to reject from service immediately any 
locomotive, donkey, traction or portable engine which they 
deemed deficient in design, construction or maintenance as 
to protective devices. The owner of any engine thus re- 
jected might appeal to the state railroad commission, but 
pending the decision of the commission the engine must not 
be returned to service. Should a railroad company fail, 
after due notice from the state board of forestry, to main- 
tain a patrol in a dangerous season, such patrol might be 
established by the board and the expense thereof recovered 
in a civil action and the company held guilty of a misde- 
meanor, and it was declared a misdemeanor for a company 
to fail to maintain an efficient patrol and extinguish fires 
independently of instructions from the board of forestry. 
The state board of forestry was authorized to exempt oper- 
ators of engines from the specified precautions when they 
considered the devices unnecessary. 

Another act of 1911 ^ made every corporation owning 
or operating a railroad within the state liable for all damages 
sustained by any person or corporation in the destruc- 
tion of property by fire, communicated directly or indi- 
rectly by their locomotives, or by fires set by employees in 
the burning of grass, weeds or rubbish along the right of 
way, and gave such corporations an insurable interest in 
property for the destruction of which it was thus held liable. 
The one suffering loss need prove only the loss or injury 
and that the fire originated in the manner stated. If the 
corporation failed to pay the damage within sixty days after 
the service of a written notice of the loss, with an accompany- 
ing affidavit, upon any officer or station agent or ticket 
agent of the company in the county where the loss occurred, 
the owner might recover double damages in a court of com- 



1. Session Laws, Wis., 1911, ch. 245. Cf. Laws 1893, ch. 202, requiring notice of fire 
loss from railroad to be filed withiin one year from the time of fire, and Laws of 
1899, cli. 307, providing tliat tlie beginning of an action, or service of a complaint, 
made the required notice unnecessary. 



178 FOREST LAW IN AMERICA 

petent jurisdiction; provided that if within the sixty days the 
company should offer in writing to pay a fixed sum equal 
to the full amount of the damages sustained and the owner 
refuse it, in a subsequent action in which the owner recov- 
ered less than the amount offered, he could recover only his 
damages and the railroad company its costs. 

By an act approved July 7, 1911 ^ Wisconsin took away 
from the state forester the authority to appoint forest fire 
wardens for towns, and made the chairman of the town 
board of each town its fire warden, and the superintendents 
of the highways for the different road districts the assistant 
town fire wardens. The state forester, as state fire warden, 
was to have supervision of the town wardens, and was 
authorized to mass the fire warden force in case of emer- 
gencies, and upon the recommendation of a town chairman 
might appoint temporary fire wardens. Wardens retained 
the power of arrest for offenses, and of summoning assist- 
ance, but those summoned were to receive only twenty 
cents per hour, upon itemized accounts audited by the 
town board. The expense of preventing or extinguishing 
fires was to be borne by the road district or districts within 
which the expense was incurred. Any emergency expenses 
incurred by direction of the state forester in the employ- 
ment of wardens at two dollars per day, or assistants at 
twenty cents per hour, were to be paid in equal parts by the 
state and county, under an audit .by the county clerk and 
secretary of state, but no county was authorized to expend 
over five thousand dollars inany one year for emergency work 
Each assistant warden was required to make prompt re- 
ports upon all fires to the town warden, who must make an 
annual report to the state fire warden. 

Wyoniing. A Wyoming act of February 13, 1907 - 
provided that any person who, having lighted a fire for any 
purpose in the woods or on a prairie within the state, should 
leave the vicinity of the fire without extinguishing it, should 
be fined not less than ten nor more than one hundred dol- 
lars, or be imprisoned from ten to thirty days, or be both 
fined and imprisoned. 

1. fcossion Laws, Wis., 1911, ch. 601. See Statutes of Wisconsin, 1915, sec. 1494-47 

for all existing law, and see Act May 20, 1915, S. L. cli. 118 appropriation for 
fire iirotoctioa. 

2. SciisiJi Laws, Wyoming, 1907, ch. 22. 



CHAPTER V 

State and Federal Legislative Encouragement to 

the Preservation or Extension of Private and 

Municipal Forests Prior to January First 

Nineteen Hundred Seventeen 

INTRODUCTION. 

. The first encouragement to the planting of trees in America 
appears to have been an act of the Colonial Assembly of 
Virginia, which ended its session on March 5, 1624. ^ This 
act directed the planting of mulberry trees by every free- 
holder in the colony, and was intended as an encouragement 
to the silk industry. A Virginia act of December 8, 1656 
provided a penalty for the failure of any land holder to 
plant a certain number of mulberry trees in proportion to 
the number of acres held;- but an act of March 7, 1659, 
recited that the acts of 1624 and 1656 had failed in their 
purpose and repealed them.^ In a letter of June 22, 1700,^ 
to the Lords of Trade in England, the Earl of Bellomont, 
Governor General of the Provinces of Massachusetts, 
New Hampshire and New York, urged legislation which 
would require the planting of four or five young trees in 
place of each tree that was cut for a mast. However, no 
legislation of this character appears to have been enacted 
either by the British Parliament or by the provincial 
legislatures. 

In a shade tree act of March 8, 1802,^ the legislature 
of the State of New York provided that along the border 



1. Laws of Virginia, Heiiing, Vol. 1, p. 126. 

2. Ibid. p. 420. 

3. Ibid, p. 4S1 ■ Cf. Calif. Acts, Sess. Laws 1866, p. 660; S. L. 1868, p. 699; Interpreted 

in Att'y. Gen'l. v. Judges, 38 Calif. 291. 

4. Colonial History of New York, Vol. 4. p. 675. 

5. La*s of N. Y., Webster & Skinner, Albany, 1804, Vol. 3, p. 143. See Rev. Laws, 

1813; cf. Act April 7, 1863, S. L., p. 151 ; Act May 23, 1874, Edmond's Laws of N. 
Y., Vol. 9, p. 969; Act April 29, 1875, S. L., 191; Act May 11, 1881, S. L., p. 339; 
Act Mav 25, 1881, S. L., p. 469. See Consolidated Laws, 1909, Bird. Cum. & 
Gil. p. 2203 and 2205, sees. 61, 63, and 64. 

179 



180 FOREST LAW IN AMERICA 

of any highway, not less than three rods wide, the private 
owner of the adjoining land might plant a row of trees, 
provided they were placed at least six feet apart in the row. 
This law gave an action in trespass against anyone who 
should injure or destroy trees so planted. Similar laws were 
subsequently enacted in many states.^ 

The response to such laws was not as general as the 
legislators had expected, and subsequent to 1860 a num- 
ber of states enacted laws which afforded a rebate in high- 
way taxes as a bounty for the planting of trees along high- 
ways. - 

In several states laws were early enacted giving cities 
or other municipalities the control of shade trees within 
their limits or making the planting of shade trees along 
the streets by abutting owners compulsory.^ 



1. Act April 12, 1827. Laws Terr. Mich. Detroit, 1S27, p. 307, sec. 28: See Mich , 

Act April 17, 18.33; Laws Mich. Terr. (1871) Vol. 3, p, 1057, sec. 28. Rev. St. 
1846. Ch. 28, p. 140: Comp. L. 1857, ch. 25, p. 373. 
Ohio Act March 5, 1835: Laws 1834-5, p, 23. 

Mass. S. L. 1856 ch. 256, S. L. 18,57, ch. 115. Gen. Stat. Boston, 1860. p. 251. 

ch. 46. sec. 6-9. 
Vermont Act November 12, 1858. S. L.. p. 14 (Gen. St. Vt.. 1862 p. 674, sec, 45-47.) 
Minn. Act Mar. 7, 1867, ch. 32. p. 60. Cf. p. 63 (fen'-e to protect hedge). 
Illinois. Rev. Stat.. 1874. p. 922. from Act Feb. 9. 1874. 
Calif. Act Mar. 30, 1868; Code Act Mar. 12. 1872: Act Mar. IS. 1905: ch. 118. 

p. 114. 
Conn. Gen. Stat.. 1875. p. 233. 

Dak. Rev. Code. 1877. ch. 29. sec. 46. p. 131: cf. p. 148 (Hedge). 

Ida. Act Feb. 20. 1880, sec. 8: Act Mar. 11. 1886, S. L. 30. 

Utah Act Feb. 20. 1880, ch. 29, sec. 8. p. 51. Comp. L. 1907. sec. 1126. 1142. 

1144. 
Virginia Laws Va.. 1883-4. p. 660. 
Wis. Rev. St.. 1849, p. 183, ch. 106; JLaws 1869, ch. 152. sec. 127 (Hedges) 

132 (shade trees). 

2. Kan. Act Feb. 20, 1S57, S. L., p. 99; Act Mar. 2, 1871, S. L. p. 211, CHedges) ; 

Jefferson Co. v. Hudson, 20 Kan. 71; Marion Co. v. Hoch, 24, 
Kan, 778 (ISSli. 

Mich. Act March 27, 1867, S. L. 188 (See Comp. L. 1897, sec. 4164). 

Wis. Act Mar. 4, 186S. S. L., ch. 87 p. 86, Act Mar. 20. 1907, S. L. ch. 18. 

Calif. Act Mar. 30, 1868, S. L p. 670: S. L. 1911. ch. 746; S. L. 1913. ch. 329. 

Iowa Acts Apr. 6. 1868. sec. 6: Feb. 21. 1872. ch. 3. p. 4. and March 15. 1878. 

N. Y. Act April 26. 1869. S. L., ch. 322. p. 701: ISIav 3. 1870, S. L., ch. 595. 
p. 1363; May 10, 1883, S. L. ch. 371, p. 5.54; highway law, 1892, ch. 
56S. I). 2193. 

Minn. Laws 1S71. ch. 30; 1873. ch. 19; Smith v. Nobles Co.. 37 Minn. 535. 

III. Rev. St.. 1874. p. 1072, sec. 40. par. 6. 

Penna. Act May 2. 1879. S. L. 44. p. 47; New Act .lulv 2. 1901. S. L. 610. No. 306. 
See Op. Dei). Atty. Gen. 30 Pa. Co. Ct. 590 (Mandamus to compel sup- 
ervisors to allow). 

Colo. Act Feb. 12. 1881. S. L., p. 2.50; Inst, for Ed. Mute and Blind v. Hen- 

derson, 18, Colo. 98, (unconstitutional on technicality). 

Conn. Act Apr. 12, 1881, S. L., ch. 102: Feb. 25, 1885 S. L. ch. 2: See Act Apr. 
9, 1886, S. L., ch. 118, (injury to bounty trees ); Act June 23. 1909, 
ch. 86. 

Vt. Act Nov. 19. 1884, No. 20: cf. No. 22; 1888 No. 154. 1890 No. 71. 

Utah Act Apr. 14, 1896, p. 536; sec. 41, countv boards might pav bountv; 

same in Comp. L. 1907, sec. 511, par. 17; Act March 20, 1911, ch. 119.- 
See provisions of this character in a number of the bounty and tax ex- 
emi)tion acts given in the next division of this cliai>ter. 

3. Ida Session Laws, 1893, ch. 97, sec. 40; see Pol. Code, 1908, Vol. 1.. 

Sec. 2228. cf. sec. 2238. 
Kan. Act Apr. 3. 1871. S. L. ch. 60; Act Mar. 13. 1872. S. L. ch. 100; Act Mar. 

13. 1873, S. L. ch. 65. 
Ky. Act July 1, 1893, S. L. ch. 89; See Ky. Stat. 1909, sees. 2848, 2851 and 

285S 
Me. Rev. Stat. 1871. p. 84. sec. 40. 

(Footnote 3 continued on next page) 



HIGHWAY PLANTING 



181 



In recent years laws for the encouragement of the plant- 
ing of trees in streets and highways and for the protection 
of such trees have been enacted in many states and in several 
provision has been made for the appointment of foresters, 
commissioners or other officials charged with the duty of 
planting and protecting shade and ornamental trees. ^ 



(Footnote 3 concluded from preceding page) 
Mass. Session Laws, 1857, cli. 115; same in Gen. Stat. 1860. ch. 46, sec. 9. 

S. L. 1869, cli. 381; Act. Apr. 3, 1885, S. L. ch. 123, p. 588; Act Apr. 

13, 1885 S. L. ch. 157, p. 608. 
Mich. Act May 18, 1807, given in Laws Mich. Terr. (1871), Vol. 1., p. 142, 

Vol. 3, p. 286. 
Minn. Act Mar. 5, 1877, Gen. Laws, 1877, p. 229. 

Neb. Act Mar. 1, 1871, S. L.,p. 51; (See Gen. St. 1873. p. 87, sec. 52-58.). 

N. H. Session Laws 1861, No. 2502; Gen. Stat. 1867. p. 92. 
Ore. Session Laws 1893, p. 160; S. L. 1903, ch. 156, p. 300. 

Utah Act June 4, 1853, given in Laws Terr. Utah, Great Salt Lake, 1855, p. 

251, ch. 59. sec. 3; Act INIar. 20, 1911, ch. 120. sec. 206, par. 9; Act 

Mar. 20, 1911, ch. 123. sec. 302, par. 5. 
Vt. Session Laws, 1884. No. 10, No. 20; S. L. 1888, No. 154; S. L. 1890, 71. 

No. 71; Cf. Gen. St. 1870. p 943 (penalty for destruction) 
Va. Code of 1849, p. 285 ch. 54, sec. 17; S. L. 1878-79, p. 398. 

Wis. Session Laws 1869, ch. 152, sec. 146; Stat. 1898, p. 600. 

1. Ariz. Rev. Stat. 1901, Par. 465, sec. 2, par. 545, sec. 9; par. 716, sec. 54. 

Cal. Act Mar. 11, 1893, S. L. ch. 140; Act Mar. 13, 1909, S. L. ch. 217; Act 

Mar. 28, 1909, S. L. ch. 729; Act May 1, 1911, ch. 746, sec. 36; Act 

Apr. 23, 1913, S. L. ch. 51, p. 21; S. L. 1913 ch. 329. 
Conn. Session Laws 1901, ch. 174; Gen. Stat. 1902, sees. 4443-45; Act Mav 11, 

1903, S. L. ch. 83; Act May 11, 1903, S. L. ch. 164; Act June 6, 

1905, S. L. ch. 114; Act Julv 13, 1905, ch. 232, sec. 2; Act Aug. 1, 

1907, S. L. ch. 264; Act May 20. 1909, S. L. ch. 56. 
Del. Act Apr. 19, 1909, S. L. ch. 71, sec. 2 and 4; Cf. Act Mar. 26, 1909, S. 

L. ch. 211 (town of Roxana). 
Fla. Act Apr. 19. 1901. S. L. ch. 495S; S. L. 1901, ch. 5005; Both given in Gen. 

St. 1906, sees. 863-8, 3677-8. Comp. L., 1914 same sections. 
Ida. Act Mar. 13, 1911, S. L. 81. 

111. Act May 18, 1905, S. L., p. 279; Act Dec. 21, 1911, S. L., p. 245; Act 

June 27, 1913, S. L., p. 385, (see People v. Rinaker, 252, 111. 266, hold- 
ing act of 1911 imconstitutional) . 
Kan. Act Feb. 23, 1905, S. L. ch. 105; Act Mar. 5. 1907, S. L. ch. 115; Act 

Mav 27. 1907, S. L. ch. 114; Act. Mar. 13, 1909, S. L. ch. 125. 
Ky. See Kv. Stats. 1909, sees. 2848, 2851, 2858, 3235a par. 7 and 10; 4340, 

4343. 
Me. Act Feb. 26, 1907, S. L. ch. 27. 

Mass. Act Apr. 21, 1890, S. L. ch. 196, p. 179; Act Mar. 6, 1891, S. L. ch. 49. 

p. 691; Resolve Apr. 30. 1891, S. L. ch. 70. p. 1082; Act Mar. 25, 1896, 

S. L. ch. 190 p. 138; Act Apr. 9, 1897, S. L. ch. 254, p. 225; Act Mav 

4, 1899, S. L. ch. 330; cf. Act Apr. 6, 1914, S. L. ch. 304, p. 269. Laws 
, codified and amended. Act Apr. 7, 1915. ch. 145. p. 127. 

Mich. Act Feb. 19, 1895, S. L. No. 3; S. L. 1895, No. 215; Act Mar. 31, 1897, 

5, L.. p. 64, No. .54; Act Apr. 22. 1901, S. L. No. 74 (Highway Act) ; 
June 2, 1909. S. L. No. 283. ch. XL, p. 601, see M. S. 

Minn. Session Laws. 1895. ch. 59 (highway); Act Apr. 25, 1895, S. L. ch. 243; 
Act Apr. 11, 1899, S. L. ch. 171 (cities) ; Comp. Laws, 1905, ch. 9 (vil- 
lages and cities), ch. 13 (hedges); Act Anr. 19. 1905, ch. 335; Act Apr. 
25, 1907. ch. 440, sec. 2; Act Apr 22, 1909 ch. 441 (city and village 
park boards.) 

Mo Rev. Stat. 1909. sees. 91.33-38 (citiesi ; sees. 10516-19 (counties). 

Mont. Act Mar. 7, 1901, p. 75 (See Rev. Code. 1907. sec. 3319). 

Neb. Comp. Stat. 1909 (Br. & Wh.) Pars. 490-496; 1220 sec. 11; 1431, sec. 32; 

1591 sec. 50; 3057-58 (cities): 5320, sec. 71; 6117 (highway). 

Nev. Act Mar. 27, 1907, S. L. ch. 125. 

N. H. Pub. Stat. 1891, ch. 40, sec. 4, p. 144; ch. 53, p. 174; ch. 89, p. 252; S. L. 
1895. ch. 85; S. L. 1897, ch.. 44; S. L. 1901, ch. 98; S. L. 1905, ch. 119; 
Act Apr. 21, 1915, ch. 138. 

N. J. Act Mar. 28, 1893, ch. 285; Act Mar. 28, 1904. S. L. ch. 142; Act Apr. 

6, 1905, S. L. ch. 108, Act Mav 2, 1906, S. L. ch. 186; Act May 17, 
1906, S. L. ch. 245; Act Apr. 15. 1912, S. L. ch. 395 (highway); Act 
Apr. 9, 1913. S. L. ch. 317 (highwav) ; Act Apr. 17, 1914, S L. ch. 255; 
Act Apr. 6. 1915, S. L. ch. 156 (hitching to) ; Act Apr. 14, 1915, ch. 325. 

N. Y. Act May 17, 1905, S. L. ch. 502, p. 1161 (town warden). 

Ohio Annot. Code, 1910, sees. 3630 and 3812. 

Ore. Act Feb. 17, 1899, S. L. 69 (citv park Commissioners). 

Pa. Act May 23, 1889, S. L., p. 289; Act Mav 17, 1901, S. L., p. 39; Art 

June 17. 1901, S. L., p. 569; Act May 31, 1907, S. L., No. 251, p. 349 

(shade tree commission). 

(Footnote 1 continued on next page) 



182 FOREST LAW IN AMERICA 



TAX EXEMPTIONS AND BOUNTIES BY STATES DI- 
RECTED TO THE ESTABLISHMENT OF FOREST 
AREAS IN LOCALITIES NATURALLY DEVOID OF 

FORESTS 

After the close of the Civil War the settlement of the 
territories west of the Missouri River proceeded at a 
rapid rate under the stimulus of the Homestead Act 
of May 20, 1862 (12 Stat. L., 392) and its amend- 
ments. The occupation of the vast treeless areas between 
the Missouri River and the Rocky Mountains and of the 
arid regions between these mountains and the coast ranges 
developed a keen realization of the disadvantages of agri- 
cultural enterprises in a country having an inadequate 
supply of timber. The advisability of lending public en- 
couragement to theplantingof trees within the arid and semi- 
arid areas evidently received its first legislative recognition 
in the form of a tax exemption. The revised statutes of the 
Territory of Nebraska published in 1866 provided in the 
chapter regarding taxation that the cultivation of fruit, 
forest or ornamental trees was not to increase the value of 
the land for revenue purposes. ^ 

Minnesota. A Minnesota act of March 7, 1867 - ap- 
propriated three hundred dollars annually to enable the 
state agricultural society to offer premiums for the best 
five acres of cultivated timber or for the best continuous 
half-mile of live hedge fence. These premiums were limited 
to groves or hedges artificially grown from seeds, cuttings 
or layers. 



(Footnote 1 concluded from preceding page) 
R. I. Gen. Laws 1896, ch. 40: Act Nov. 22, 1901, ch. 922 (Gen. Laws 1909» 

Title 23, Ch. 241) ; Act Apr. 23, 1907. ch. 1479. 
S. D. Session Laws 1901, ch. 28 and ch. 200; S. L. 1909, ch. 272; See Comp. 

Laws 1909, Pol. Code, sees. 1003, 1229, 1438, 1641, 1042. 
Utah Session Laws 1907, p. 140; Same Comp. L. 1907, sec. 286, par. 3. 

. Vt. Session Laws 1898, No. 156; S. L. 1904, No. 76; S. L. 1906, No. 99; Act 

Jan. 14, 1909. No. 96; Act Jan. 28, 1911, No. 115, sec. 3. 
Va. Act June 26, 1908. S. L., p. 623; See Pollard's Suppl. 1910, sec. 1038. 

W. Va. Soss. Laws 1909, ch. 52; See Code Suppl. 1909, sec. 1515a sub. 92-93. 
Wis. Sess. L. 1903, ch. 99, sec. 55; S. L. 1901, ch. 308 (branches); Act Mav 1, 

1911, ch. 62 (branches); Act June 16, 1911, ch. 408 (city forester); 

Act Juno 27, 1911, ch. 459. 

1. Rev. Stat., Neb., 1866, p. 301. ch. 54, sec. 4; See Comp. Stat. 1911. (Br. & Wh.). 

par. 49.34, ch. 77, sec 1 1 ; Cf. Fir.st Colo. Const. 1876, Art. IS sec. 7. 

2. Sess. Laws, Minn., 1867, ch. 32, p. 60, cf Act Mar. 7, 1867, p. 63. 



STATE AID TO TREE PLANTING ON PLAIN AND PRAIRIE 183 

Kansas. By an act of March 2, 1868 ^ the legislature of 
the state of Kansas declared that every person who should, 
within ten j^ears from the passage of the act, plant one acre 
or more of prairie land to any kind of forest trees, except 
black locust, or plant forest trees for one-half mile, or more, 
along a highway and so care for them that the trees should 
be not over one rod apart at the end of three years, should 
be entitled to a bounty from the county treasury for twenty- 
five years in the annual sum of two dollars for each acre or 
one half mile of trees planted. This act was amended by an 
act of March 29, 1872 ^ to require the planting and culti- 
vating of at least one hundred and sixty trees upon each acre 
and to authorize the payment of a bounty to any one who 
fulfilled the requirements of the act at any time. However, 
the existing law was repealed by an act of March 5, 1874. ^ 

Wisconsin. A Wisconsin act of March 4, 1868 ^ pro- 
vided that every land owner or possessor of five acres or 
more who should reserve from the natural growth, or suc- 
cessfully grow by planting, on not to exceed one-fifth of the 
land, belts of forest trees, should be entitled to an exemption 
from taxation on the tract upon which the trees grew until 
they should reach a height of twelve feet; and when the 
trees should attain a height of twelve feet he was to be en- 
titled to a bounty of two dollars per acre annually for the 
area planted or grown as a tree belt, the bounty to be made 
effective in the form of a tax rebate. These tree belts were 
required to be reserved or planted on the west or south sides 
of each tract, and to be not less than thirty feet wide, except 
that belts one rod wide along the east or north sides and 
adjacent to a highway were entitled to the benefits of the 
act. The belts must be of uniform width and there must be 
not less than eight trees to each square rod. For tracts of 
ten acres the belts must be sixty feet wide and for tracts of 
forty acres one hundred feet wide. The assessor was au- 
thorized to allow planting on interior lines in his discretion 
and he might declare the benefits of the act forfeited be- 



1. Gen. Stat. Kan.. 1868, p. 1094, ch. 112. 

2. Session Laws, Kan., 1872, ch. 204, p. 402. 

3. Session Laws. Kan., 1874, p. 110. 

4. Session Laws, Wis., 1868, ch. 102; Correctional amendment in S. L. 1871, ch. 138 

S. L. 1876, ch. 258. 



184 FOREST LAW IN AMERICA 

cause of a failure of the owner to properly care for the 
trees. The species allowed for planting were: arbor- vitae, 
ash, balsam fir, basswood, beech, birch, butternut, black 
cherry, cedar, chestnut, coffee tree, cucumber tree, elm, 
blackberry, hemlock, hickory, larch, locust, maple, oak, 
pine, spruce, tulip tree and walnut. 

Iowa. An Iowa act of April 6, 1868 ^ provided a state 
tax exemption of one hundred dollars each year for a period 
of ten years for each acre planted to forest trees not over 
eight feet apart and properly cultivated and fifty dollars 
for a period of five years for each acre of fruit trees planted 
not over thirty-three feet apart and kept in a healthy 
growing condition. Section five of this act authorized the 
board of supervisors of any county to exempt property from 
taxation, except for state purposes, to an amount not 
exceeding five hundred dollars for each acre that should be 
planted to forest trees and suitably cultivated provided 
the trees were not over three years old and the minimum 
number prescribed by the board were planted and main- 
tained. Section six authorized a similar exemption for each 
one-half mile of hedge or for each mile of shade trees planted 
along a public highway and properly cultivated and cared 
for. 

On February 21,' 1872- section six was amended to au- 
thorize supervisors to allow one-half of the exemption for 
a quarter of a mile of hedge or a half mile of shade trees, 
to provide that no one should be allowed an exemption 
exceeding one-half the value of his real estate and to for- 
bid the allowance of the bounty for trees grown by nursery- 
men for sale. 

Dakota. An act of January 5, 1869 ^ in the Territory 
of Dakota provided that any person who should, by sow- 
ing the seed or by planting, grow, cultivate, and keep in 
good condition five acres of timber with trees not over eight 
feet apart, should be allowed to hold exempt from taxation 



1. Session Laws. Iowa. 1868. ch. 92. p. 126. 

2. Session Laws. Iowa. 1S72. cli. 3, p. 4. 

3. Session Laws, Dali. Terr.. 186S-1), ch. 26. p. 306; Same in Code 1877, ch. 28, sec. 

14. p. 100. 



STATE AID TO TREE PLANTING ON PLAIN AND PRAIRIE 185 

with all improvements, one-fourth part of the one-fourth 
section whereon the trees were cultivated, provided the 
exempted property should not exceed one thousand 
dollars in value. The exemptions were to continue 
for a term of ten years after the planting or for such 
part of ten years as the trees were kept" in good growing 
condition and a change of ownership of the land was not 
to affect the right to an exemption. 

Nebraska. A Nebraska act of February 12, 1869 ^ 
provided for a one hundred dollar tax exemption annually 
for a period of five years for each acre that any land owner 
should plant to forest trees. The law required that the 
trees be planted not over twelve feet apart, that the total 
exemption for one person owning less than one hundred and 
sixty acres should not exceed five hundred dollars, and that 
the five acres or less for the planting of which exemption 
was claimed must be a part of the one hundred and sixty 
acres as to which tax exemption was claimed. Home- 
steaders on federal lands who had perfected their claims 
were allowed an exemption of fifty dollars per acre; and an 
exemption of fifty dollars per acre for five years was al- 
lowed for the planting of fruit trees not over thirty-three 
feet apart. 

Missouri. A Missouri act of March 25, 1870 - was sub- 
stantially the same as the Kansas act of March 2, 1868, 
except that it provided for the payment of bounties from 
county treasuries in the sum of two dollars per acre or for 
each one-fourth mile along a highway, for a period of only 
fifteen years after the third year from the planting and the 
trees were required to be planted not over one rod apart and 
to stand not over two rods apart at the end of the third 
year. 

Minnesota. Under a Minnesota act of March 6, 1871 ^ 
every person planting one acre or more of prairie land, 



1. Session Laws, Neb., 1809. p. 68: Same in Gen. St. 1S73, p. 88. sec. 59-63; Of. Act 

Feb. 15, 1809, p. 181, sec. 4 (cultivation of trees not to increase value of land 
for taxation purposes). Bounty Act repealed by session Laws. 1899. ch. 3. 
See Constitutional Prov.. Comp. St. 1909. Cobbey, sec. 622. 

2. Session Laws. Mo. 1870, p. 69) This act was amended by Act of Feb. 4, 1875, S. L. 

p. 97. as to punctuation and held unconstitutional in 1891 in Deal v. Mississippi 
County. 107 Mo. 464. 18 S. W. 24. 

3. Session Laws, Minn.. 1871, ch. 30, p. 75. 



186 FOREST LAW IN AMERICA 

within five years after the passage of the act, with any kind 
of forest trees, except black locu.,t, or one-half mile along 
a highway, and caring for the same so that they should stand 
not over one rod apart at the end of three years, was en- 
titled to receive from the county treasury annually, for a 
period of ten years following the said three years, a bounty 
of two dollars for each acre or half mile so planted, provided 
the trees were properly cultivated and kept in a growing 
condition. 

A new act of February 20, 1873 ^ contained the same pro- 
visions as the act of 1871 except that it specified that, if 
trees were planted on both sides of a highway, they should 
not be planted within the four rods allowed for the highway 
and provided that the bounty was to be paid by the state. 
However, the total annual liability of the state for such 
bounties was limited to twenty thousand dollars. 

Nevada. An act of March 7, 1873 - in Nevada afforded 
an annual bounty from county treasuries for a period of 
twenty years, beginning two j^ears after the planting of 
the trees. This bounty was in the sum of ten dollars for 
each acre or for each one-half mile along a highway upon 
which the trees stood one rod apart at the end of the third 
year. The bounty was to be continued only so long as the 
trees were cultivated and the planting was to be done within 
five years from the passage of the act. However, the latter 
limitation was extended to ten years by an act of March 5, 
1877. ^ The bounty was not applicable to willows or 
cottonwoods planted for the express purpose of protecting 
ditches and canals. 

Illinois. An Illinois act of February 9, 1874 ^ author- 
ized the board of supervisors or commissioners of any county 
in the state to offer a bounty for the planting of one or more 
acres to forest trees and the cultivating of the same for 
three years. The trees were required to be not over ten 
feet apart each way and the bounty could not exceed ten 



1. Session Laws, Minn , 1873. ch. 29, p. 136: Same in Stat, at L. 1873. p. 595. 

2. Comp. Laws, Nevada. 1873. Vol. 2. p. 411, ch. 145. sees. 3838-3842. 

3. Session Laws, Nevada, 1877, p. 185 (same Gen. Stat. 1885, sec. 366-370.) 

4. Revised Stats. 111. 1874. ch. 136, p. 1056. 



STATE AID TO TREE PLANTING ON PLAIN AND PRAIRIE 187 

dollars per acre each year for three years. This act was 
still in force on January 1, 1917. ^ 

Idaho. On January 4, 1875 - the Territory of Idaho 
provided a tax exemption, for a period of ten years after 
the planting, of one hundred dollars for each acre upon which 
trees were planted and maintained at a distance of not over 
twelve feet apart. The exemption was not applicable t 
plantations of less than five acres nor to nursery trees grown 
for sale purposes. To earn exemption under the act, trees 
must be planted before August 1, 1885. 

Washington. An act of October 27, 1877 ^ in the 
Territory of Washington required the boards of commis- 
sioners in Stevens and Whitman counties, which were situ- 
ated in a treeless portion of the state, to exempt annually 
from taxation, except for territorial purposes, the real or 
personal property, of the amount of three hundred dollars, of 
any person who had within that year or the preceding one, 
planted one or more acres of forest trees and kept them 
cultivated and growing. The said boards were empowered 
to prescribe the minimum number of trees that must be 
grown upon each acre. 

A subsequent Washington act provided that the value 
added to land within the state through the planting of 
forest trees or fruit trees, except when they were grown for 
sale as nursery stock, should not be considered in an as- 
sessment of the land for taxation purposes. "* 

Wyoming. A Wyoming act of December 14, 1877, ^ 
allowed a tax exemption of two hundred dollars annually 
for five years for every acre of forest trees planted and main- 
tained not over tw^elve feet apart. The maximum exemp- 
tion was five hundred dollars for a person owning one hun- 
dred and sixty acres or less and there was no exemption al- 
lowed to one having less than forty acres. Those holding 



1. Annot. Stat. III.. 191.3, ch. 136, par. 1118.3-11186. 

2. Como. & Rev. Laws, Ida. Terr. 1875, p. 712. 

3. Session Laws, Wash Terr., 1877, p. 411. 

4. Code of Wash. 1910, Rem. & Bal. sec. 9098. 

Code of Wash. 190,5, Pierce, sec. 8593, par. 5. 

5. Session Laws, Wyo, 1877, p. 129. 



188 FOREST LAW IN AMERICA 

unperfected homestead claims were allowed an exemption 
of one hundred dollars per acre annually for five years. By 
an act of December 9, 1879 ^ the period of exemption was 
extended to ten years and the number of acres upon which a 
bounty could be claimed was increased to twenty-five acres 
out of each one hundred and sixty owned. 

Nebraska. A Nebraska act of February 27, 1879 ^ 
required counties to pay three dollars and thirty-three 
cents annually so long as the same should be cultivated, not 
exceeding five years, for not over three acres of forest trees 
planted in rows along the north section lines or half section 
lines of any tract. 

Colorado. On February 21, 1881 ^ the state of Colo- 
rado provided an exemption from taxation for a period of 
ten years of all increase in value of irrigated lands because 
of the planting of fruit or forest trees and afforded a bounty 
of tw^o dollars per annum for a period of six years for each 
hundred trees planted sixteen feet apart along a public 
highway or an irrigation ditch and kept in a growing condi- 
tion. The six-year bounty period was not to begin until the 
fourth year after the planting. Special provision was made 
in the act for the gathering of information as to the most 
successful plantations and as to the causes of such success. 

Minnesota. On March 2, 1876 ^ the legislature of 
Minnesota appropriated twenty-five hundred dollars from 
state funds to enable the state forestry association (an un- 
official organization) to offer premiums for the planting of 
forest trees in such counties as they should think advisable 
with restrictions as to the amount to be offered in a single 
county. This was followed by an act of March 5, 1881 * 
providing that every person who should thereafter plant 
and cultivate one acre and not more than ten acres of prairie 
land with any kind of forest trees except black locust, and 
keep the same in thrifty condition for six years, or should 



1. Session Laws. Wyo., 1879, ch. 83. p. 148. 

2. Session Laws. Neb.. 1879. p. 187: Same in Comp. L. 1893, pp. 69-60. 

3. Session Laws, Colo., 1881, p. 250. 

4. Session Laws. Minn.. 1876. cli. 110, p. 120. 

5. Session Laws, Minn., 1881, ch. 151, p. 201. 



STATE AID TO TREE PLANTING ON PLAIN AND PRAIRIE 189 

plant trees along a highway, should be entitled to compen- 
sation from the state at the rate of three dollars annually 
for each acre and two dollars for each half mile for the said 
six years. The results achieved under the bounty acts of 
1871 and 1873 had evidently proven unsatisfactory for the 
new act required that twenty-seven hundred trees be 
planted to the acre, that at least eighteen hundred of the 
trees be kept cultivated and in a growing condition during 
the first and second years after the year in which the plan- 
tation was made and that nine hundred growing trees be 
maintained on each acre during the remaining three years of 
the bounty period. Trees planted along a highway were re- 
quired to be not over eight feet apart and they must be cul- 
tivated during the first and second years after the one in 
which they were planted and kept in thrifty condition for the 
remaining three years. The act permitted planting by sow- 
ing of seed or by cuttings, but was not applicable to planta- 
tions by railroads within two hundred feet of their track 
nor to lands claimed under the federal tree culture acts. A 
general state tax of one-tenth of one mill was provided for 
the creation of a forestry fund to meet the expenses to be 
incurred under the act. Very extensive expenditure has 
been made under this act and it was still in effect on Janu- 
ary 1, 1917. ' 

New Mexico. On March 1, 1882 ^ the Territorial As- 
sembly of New Mexico provided a tax exemption of one 
hundred dollars annually for a period of ten years for every 
acre of forest trees planted not over twelve feet apart and 
properly cultivated and the same exemption for fruit trees 
not over thirty-three feet apart. 

Dakota Territory. An annual bounty of two dollars per 
acre for a period of ten years from the territorial treasury 
was granted by a Dakota act of March 13, 1885 ^ to any 
one who should plant one acre or more, within five years 
after the passage of the act, to any kind of forest trees, ex- 
cept black locust or cottonwood, and cultivate the same for 



1. See Gen. Stat. 1913, Tiffany, sees. 5191-5195; Cf. sec. 2560 (highway). 

2. Session Laws, N. M. Terr., 1882, ch. 62, sec. 4: Same, comp. L. 1884, sec. 2809. 

3. Session Laws, Dak. Terr. 1885, p. 212, ch. 145. 



190 FORRST LAW IN AMERICA 

three years. Like the Minnesota law this act made plant- 
ings by railroads within two hundred feet of their track and 
those made under the federal timber culture laws ineligible 
to a bounty. 

Utah Territory. By an act of March 10, 1886 ^ the 

Territory of Utah sought to encourage arboriculture by ex- 
empting five hundred dollars worth of property from taxa- 
tion for a period of five years for each acre planted to forest 
trees for timber purposes, provided the trees were planted 
not more than ten feet apart and properly cared for. A 
fifty dollar exemption was allowed for each one hundred 
forest trees planted along a highway, street or irrigation 
stream. 

Kansas. On March 2, 1889 ^ a new law was enacted in 
Kansas for the encouragement of tree planting. This act, 
modeled after the Illinois act of 1874, made it lawful for the 
board of supervisors of any county of the state to offer a 
bounty of not over ten dollars for a period of five years, 
for each acre upon which any one should plant, cultivate 
and keep in good condition, during said five years, trees 
spaced not more than ten feet apart each way, provided 
that no bounties were to be paid upon lands entered under 
the federal timber culture laws. This law was still in 
effect on January 1, 1917. ^ 

Wyoming. A Wyoming act of March 11, 1890'' 
authorized the board of commissioners of any county to 
offer a bounty, to any one who should plant one or more 
acres with forest trees and properly cultivate them for 
five years, in a sum not exceeding ten dollars for five years 
for each acre. The trees must be planted not over ten feet 
apart each way and be kept thrifty and growing for the five 
years before the bounty was to be due and the provisions 
were not applicable to lands acquired under federal tim- 
ber culture entries. This law was still in force on January 
1, 1917. -=> 



1. Session Laws, Utah. Terr., 1S86, ch. 1, p. 1: Same, Comp. L. Utah, 1S88, p. 764. 

sees. 2139-2142. 

2. Session Laws, Kan. 1889, ch. 254, p. 386. 

3. Gon. Stat. Kan.. 1909. Dassler, ch. 254, sec. 9681-9684; Gen. St. 1915, Mcintosh. 

sees. 11660-1166.'?. 

4. Session Laws. Wyo., 1890, ch. 42, p. 71. 

5. Comp. Stat. 1910, Mullen, sec. 1327-1.330. 



STATE AID TO TREE PLANTING ON PLAIN AND PRAIRIE 191 

South Dakota. The first legislature in the new state of 
South Dakota by an act of March 6, 1890 ^ provided that 
every person planting one acre or more within ten years 
after the passage of the act with forest trees, not less than 
nine hundred to the acre and one hundred or more ever- 
greens, and cultivating the same for three years, should be 
entitled for ten years subsequent to the third year, to an 
annual bounty from the state treasury of two dollars per 
acre for not over six acres of forest trees and one dollar for 
each one hundred evergreens to an amount not exceeding 
twelve hundred dollars. Provision was also made for the 
earning of the bounties by the planting of trees along the 
border of forty acre tracts. 

A new forest bounty act approved March 9, 1909 ^ de- 
clared that to any person who should have, after the year 
1908, planted, cared for and cultivated successfully forest 
trees for a period of three years and who should have other- 
wise complied with the provisions of the act, there should 
be paid, by the county commissioners, a bounty in the 
amount of two dollars per acre per year for a period of six 
years, upon not over five acres. Proof must be made by 
the owner of the land that at least one thousand trees were 
planted to the acre and that at least three hundred were 
living at the time the bounty for any year was claimed. All 
conflicting acts were repealed. 

The South Dakota act of March 9, 1909 was amended 
by an act of March 14, 1913^ so as to make the bounty 
payable to any one who had planted trees after 1910, and 
properly cared for the same for one year, five dollars per 
acre on not over six acres for a period of six years. This 
act also reduced the number of trees per acre that must be 
living when a bounty was paid to one hundred and fifty. 
Bounties for the unexpired period of plantings made under 
the act of 1909 were to be paid in accordance with the terms 
of the new act. 

North Dakota. In an act approved Februarys, 1890^ 
the newly admitted state of North Dakota reenacted the 



1. Session Laws, S. Dak., 1890, ch. 152, p. 320. 

2. Session Laws, S. Dak., 1909, cii. 268. p. 414. 

3. Session Laws, S. Dak., 1913, ch. 216, p. 299. 

4. Session Laws, N. Dak., 1890, ch. 70. p. 245. 



192 FOREST LAW IN AMERICA 

Dakota territorial law of 1885 with the modification that 
three dollars per acre was to be paid for ten years from the 
state treasury provided four hundred living trees were 
maintained upon each acre. A bounty of four dollars for 
each one hundred and sixty rods along a highway where the 
trees were maintained three to each rod was also added. 

A new act of February 28, 1905 ^ authorized an annual 
tax rebate of three dollars per acre, for not over ten acres, 
if the trees were planted not over eight feet apart each way 
and four hundred to the acre maintained. Provision was 
also made for the planting of the trees in rows, with a bounty 
of two dollars for each eighty rods for not over five years, 
if there were two trees to each rod. 

A new law of March 12, 1907 - authorized a bounty 
of three dollars for each acre from county funds, provided 
not less than one nor more than ten acres of prairie land on 
a tract of not less than eighty acres were planted to trees 
not over eight feet apart and at least four hundred living 
trees maintained on each acre. The bounty could not be 
allowed in excess of the real estate tax of the claimant, nor 
in excess of his taxes. Bounties were still payable in North 
Dakota on January 1, 1917. ^ 

FEDERAL ENCOURAGEMENT TO TREE PLANTING 
IN WESTERN STATES PRIOR TO 1917 

Coincident with these efforts of state legislatures to en- 
courage the planting of trees on the open lands of the western 
states were the attempts of the federal government to secure 
aflforestation of portions of such states through grants of pub- 
lic lands in recognition of the benefit conferred upon the 
nation by tree planting. 

A federal act of March 3, 1873 (17 Stat. L., p. 605; Rev. 
Stat, of 1878, sec. 2464 , offered to donate a quarter section 
of public land to any person who would plant forty acres 
of the same to trees, not more than twelve feet apart each 
way, and keep the trees in a healthy and growing condition 
by cultivation for a period of ten years. Section four of 



1. Session Laws, N. Dak. 1905, ch. 187, p. 335. 

2. Session Laws, N. Dak. 1907, ch. 41, p. 34. 

3. Comp. Laws, N. Dak. 1913, sees. 2813 and 2814. 



FEDERAL AID TO TREE PLANTING IN WESTERN STATES 193 

this act provided that any homesteader who should, at the 
end of three years' residence, submit satisfactory proof of 
having had under cultivation for two years, in the manner 
prescribed by section one, one acre of trees for each sixteen 
in his homestead claim should at once receive a patent, the 
planting and cultivation of the trees being accepted in lieu 
of the additional two years' residence required by the home- 
stead law. To encourage a wide distribution of the benefits 
of this act, the act limited the amount of land to be acquired 
in a section to one hundred and sixty acres. The testi- 
mony of two credible witnesses in addition to the affidavit 
of the claimant was required as proof of compliance with 
the terms of the act. 

On March 13, 1874 (18 Stat. L., 21), the federal timber 
culture law was amended so as to limit the right of acquisi- 
tion to those eligible to the homestead privilege (i. e., to 
heads of families, or to persons who, being twenty-one years 
old, were citizens of the United States or had declared an 
intention to become citizens) reduced the period of culti- 
vation to eight years and authorized the issuance of a patent 
to a quarter section or to any fractional subdivision of a 
quarter section upon proof of the cultivation of trees on 
one-fourth of the area in the manner prescribed. This act 
forbade the acquisition of more than one hundred and sixty 
acres by one person, but allowed more than one entry if 
less than a quarter section were first entered. The provi- 
sion of the earlier act as to homestead land was retained. 
The act required that a party entering a quarter section 
should plow ten acres the first year, ten acres the second 
year and twenty acres the third year and that he plant ten 
acres of timber the second year, ten acres the third year 
and twenty acres the fourth year. Those entering less than 
a quarter section were required to break and plant propor- 
tional areas each year. The heirs of an entryman who died 
after compliance with the act for three years were allowed 
either to complete the eight years or to receive at once a 
patent for one-fourth of the area entered upon relinquish- 
ment of all claim to the remaining three-fourths. Those who 
had entered land under the act of 1873 were declared en- 
titled to the benefits of the new act. 



194 FOREST LAW IN AMERICA 

By act of May 20, 1876 (19 Stat. L., 54), the period during 
which the required planting and cultivation must be ac- 
complished was extended one year for each year that the 
trees were destroyed by grasshoppers, or by other inevitable 
cause, the planting of seeds, nuts and cuttings was declared 
a compliance with the requirements of the law and the offer- 
ing of separate parcels of planting, not exceeding four, was 
permitted. On June 19, 1876 (19 Stat. L., 59), March 3, 
1877 (19 Stat. L., 405) and June 19,1878 (20 Stat. L., 169) 
other acts for the relief of those whose trees had been injured 
by grasshoppers were passed. 

An act of June 14, 1878 (20 Stat. L., 113) reduced the pro- 
portional area to be planted to one-sixteenth of the amount 
entered for areas not less than forty acres and required the 
breaking of one thirty-secondth of the entered area the 
first year, the cultivating of this and the breaking of an 
equal area the second year, for cultivation the third year, 
and the planting of five acres of trees in each of the 
third and fourth years. It authorized an extension of one 
year for each year that the trees were destroyed by grass- 
hoppers or drought but increased the number of trees to be 
planted from three hundred to twenty-seven hundred per 
acre, six hundred and seventy-five of which must be living 
at the time of final proof upon the land. This act, which re- 
pealed the preceding acts, having itself failed to achieve 
satisfactory results was repealed by an act of ]\Iarch 3, 
1891 (26 Stat. L., 1095). The repealing act also exempted 
those who had planted trees under the act of 1878 from the 
requirement that they prove the planting of twenty-seven 
hundred trees to the acre and provided that those who had 
complied with the provisions of the act as to planting for a 
period of four years might at once receive a patent upon the 
payment of one dollar and twenty-five cents per acre. A 
subsequent act of March 3, 1893 (27 Stat. L.,593) allowed 
those who had entered land under the timber culture act to 
acquire title irrespective of the number of trees planted. ^ 



1. For decisions see 32 Cyc. 835-836 and sco Hartraan v. Warren, 76 Fed. 157, 
22 C. C. A. 30 for definition of timber entry. Cf. Act Mar. 4, 1913, (37 .Stat. 
840) and (38 Stat. 1008) nursery stock free for private planting in certain area 
in Neb. 



STATE AID TO REFORESTATION IX TIMBER REGIONS 195 

STATE LEGISLATIVE ENCOURAGEMENT TO PRIVATE 

FORESTRY IN NATURAL TIMBER REGIONS 

PRIOR TO 1910. 

The years directly following the close of the Civil War 
marked an interest in tree planting, not only in the prairie and 
plain States, but also in the eastern States which had been 
heavilj^ forested at the advent of European immigration. The 
encouragement to forest preservation and extension in the 
east took the form of tax exemption. Laws of this char- 
acter were enacted between 1870 and 1890 in Connecticut, 
Maine, Massachusetts, Rhode Island and Pennsylvania. 
Between 1890 and 1911 the laws were amended in each of 
these States and similar acts passed in New Hampshire and 
Vermont. During the same decade a reviving interest in 
forestry resulted in tax exemption acts in Alabama, Indiana, 
Iowa, Louisiana and Wisconsin. 

Maine. A Maine act of February 20, 1872 ^ provided 
that if any land holder, within ten years after the passage 
of the act, should plant or set apart and devote to the suc- 
cessful growth of forest trees land bearing at least two thou- 
sand trees to the sicre at the end of three years, the land 
should be exempt from taxation for a period of twenty years 
if the grove or plantation were kept in thriving condition 
during such time. 

Connecticut. A Connecticut act of March 4, 1877 - 
provided that anyone who should plant chestnut, locust, 
hickory, ash, catalpa, white oak, sugar maple, European 
larch, white pine or spruce on land which had a value of 
not more than fifteen dollars per acre and had not previously 
been woodland, the town board should allow a tax exemption 
for a period of ten years on each acre after the trees were 
six feet high, provided twelve hundred trees per acre were 
planted. This law was amended March 31, 1886 ^ so as 
to allow land worth S^.25 per acre to be planted, and to ex- 



1. Laws of Me. 1872, ch. 66. Same in Re\ased Stat. 1903, p. 156, par. X of sec. 6, 

wliich was amended by Act of Mar. 27, 1907, S. L. ch. 169, p. 18.5 so as to omit 
the limitation of benefits to plantations made prior to Mar. 30, 1882, and by 
Act Mar. 24, 1909, S. L. ch. 136, p. 148 so as to require the planting of only 640 
trees to the acre instead of 2000. 

2. Laws of Conn., 1877; ch. 49. 

3. Laws of Conn., 1886; ch. 90. 



196 FOREST LAW IN AMERICA 

tend the exemption to twenty years. Black walnut and 
tulip were added, and locust dropped, from the list of spe- 
cies authorized. A new act of August 23, 1911^ con- 
tained the same provisions as the existing law as to the 
value of the land, the number of trees to be planted to the 
acre, and the period of exemption, but vested in the state 
forester the authority to determine the manner of planting 
and the responsibility for a proper administration of the law. 

Massachusetts. A Massachusetts act of April 9, 1878 ^ 
required the planting of two thousand trees per acre, and 
allowed an exemption for ten years following the time when 
the trees had grown an average of four feet in height. This 
act, like that of Connecticut, limited its benefits to land 
having a value of not over fifteen dollars per acre upon 
which trees were not growing at the time of the planting. 
This act was amended March 17, 1880 ^ to include all kinds 
of pine instead of white pine only. A commission for the 
study of forest taxation laws was authorized by the legis- 
lature on April 28, 1905 ' and an act of February 25, 1908 ^ 
which superseded the previous law provided a ten year exemp- 
tion for lands well stocked with a natural growth of small 
trees as well as for plantations. 

An act of March 18, 1909 "^ provided that land, having a 
value not exceeding ten dollars per acre, which was well- 
stocked with thrifty white-pine seedlings that had attained 
an average height of net less than fifteen inches, upon the 
presentation of satisfactory proof to the assessors, should be 
exempt from taxation for a period of ten years thereafter. 
The removal from the land of trees of commercial value, 
except such as were reasonably removed for the improve- 
ment of the white-pine growth, operated to defeat further 
exemption for such forest tract under the terms of the law. 

Rhode Island. An act of April S, 1878" in the State 
of Rhode Island contained substantially the same provisions 

1. Laws of Conn., l'.>ll; eh 205. 

2. Session Laws. Mass., 1878, eh. 131. p. 94 (Rov. L. 1902, ch. 12, sec. 6. vol. 1, 

p. 208.). 
.3. Act Mar. 17. 1880, ch. 109. p. 71. 

4. Resolvo Apr. 28. 190.5. ch. 60, p. ,540: licport in II. Doc. No. 134. 

5. Session Law.s. Mis^., 190^. ch. 120. p. 89. Suppl. to liov. L. 1902-08, p. 198.. 

Cf. A(^ts of ISIS. p. 114. sec. 5 (Rev. Laws 1902. ch. 124. sec. 10) authorizing 
agriciilrurrl societies to offer premiums for tlie growing of oak; Laws 1904. ch. 
409 (planting stoclc.). 

6. Sess. L. Mass.. 1909. ch. 187. p. 140. 

7. Session Laws. R. I.. 1878. ch. 653. Pub. Law 1873-78. p. 415. 



STATE AID TO REFORESTATION IN TIMBER REGIONS 197 

as the Massachusetts act of April 9, 1878, except that the 
minimum value of land per acre was placed at twenty-five 
dollars, and the exemption was allowed for a period of fifteen 
years. This act was superseded by an act of May 22, 1908 ^ 
similar to the Massachusetts act of February 25, 1908. 

Pennsylvania. By an act of June 1, 1887 ^ the State 
of Pennsylvania formally adopted the policy of encouraging 
private enterprise in the establishment of forests by the plant- 
ing of trees. This act recited that in view of the public benefit 
to be derived from the planting and cultivation of forest 
or timber trees, the owner of any land in the commonwealth 
planted with not less than twelve hundred trees to the acre 
should receive an annual tax exemption for a period of 
thirty years. The exemption for the first ten years was to 
equal ninety per cent of all the taxes, or such part of ninety 
per cent as should not exceed forty-five cents per acre; for 
the second decade eighty per cent of the taxes, or such part 
of eighty per cent as should not exceed forty cents per acre, 
and for the final ten years fifty per cent of the taxes or such 
part thereof as should not exceed twenty-five cents per acre. 

The act authorized a thinning to six hundred trees per 
acre after the first ten years and permitted the owners of 
lands equally well stocked with a natural growth of young 
trees to enjoy the benefits of the act, provided such lands 
were given proper care and the number of trees not reduced 
below six hundred at the end of ten years. 

A Pennsylvania act of May 25, 1897 ^ provided that 
any owner of land in Pennsjdvania, having upon it an aver- 
age of not less than fifty timber trees to the acre each not 
less than eight inches in diameter at six feet from the ground, 
might, by the making of required declarations, receive a 
rebate equal to eight per cent of all taxes, or such part thereof 
as did not exceed forty-five cents per acre, during such time 
as the forest was maintained in satisfactory condition. No 
single owner was entitled to a tax rebate on more than fifty 
acres. This act received minor amendment on April 11, 



1. Session Laws, Mass., 190S, ch. 1.581. p. 204. 

2. Session Laws. Pa.. 1S87, No. 17.3, p. 287. See amendment in Act Mar. 22, 1901, 

P. L. p. .52, Act. No. 19. 

3. Session Laws, Pa., 1897, p. 88; Act No. 70. 



198 FOREST LAW IN AMERICA 

1901 ^ and an act of April 8, 1905 - which replaced the 
two previous acts, contained the same general provisions. 
The act of April 8, 1905, was declared unconstitutional in 
1906. ' 

On April 20, 1905 ^ a new and very specific law super- 
seded the Pennsylvania act of June 1, 1887, as amended 
by the act of March 22, 1901. This provided that any land 
ow^ner planting not less than three hundred trees to the 
acre and properly caring for them, or preserving in a grow- 
ing condition the same number of trees to the acre of natural 
growth, should be given a rebate of eighty per cent of all 
taxes for a period of thirty-five years, provided that the 
exemption should not exceed forty-five cents per acre. This 
act allowed the exemption on lands bearing a mixed stand 
of natural and planted trees, and raised the maximum area 
held by one person or corporation entitled to the exemption 
to five hundred acres. In 1908 the act of April 20, 1905, was 
declared unconstitutional. ^ 

Indiana. An Indiana act of March 8, 1899 ^ provided 
that one-eighth of the total area of any tract of land in the 
state might be set aside for forest growth and assessed for 
taxation on a basis of one dollar per acre, provided at least 
one hundred and seventy trees per acre of the species named 
in the act, either natural or planted, were maintained and 
properly cared for. This act was repealed on February 27, 
1905. ' 

New Hampshire. A New Hampshire act of April 2, 
1903 '^ contained essentially the same provisions as the 
Pennsylvania act of June 1, 1887, as to tax abatements for 
forest planting. 

VeTmont. A Vermont act of December 7, 1904,^ like 



1. Session Laws, Pa., 190L p. 77; Act No. 48. 

2. Session Laws, Pa., 190.5, p. 118; Act. No. 88. 

3. Tul)lis V. Tioga Townsliip, 32 Penn. Co. Ct., 504. 

4. Session Laws Ponn.. 1905, No. 179. p. 246. 

5. ClirisMev v. Butler Co., 37 Pa. Super, Ct. 32. 

6. Session Laws of Indiana, 1899, p. 570, ch. 256. 

7. Session Laws of Indiana, 1905, p. 64. sec. 3, ch. 49. 

8. Laws of N. H., 1903, ch. 124, p. 127. Cf. Act Apr. 15, 1911, S. L. ch. 166. p. 213, 

authorizing state forester to sell planting stock for private planting within the state. 
9 Sess. L. Vt. 1904, No. 17, p. 21; Same in Pub. St., 1906, Sees. 368-70, 496. cf. 
S. L., 1894, p. 121; Stat., 1894, sec. 254 and Pub. St. 1906, Sees. 340-341 re 
maple sugar premiums. 



STATE AID TO REFORESTATION IN TIMBER REGIONS 199 

the Massachusetts act of 1878, provided for a tax exemption 
of ten years upon forest plantations that were made and 
cared for as should be required by the state forestry 
commissioner. Under an act of December 18, 1908, ^ 
creating the office of state forester, the supervision of 
such planting was vested in the forester. 

Iowa. By act of April 10, 1906 - the legislature of Iowa 
provided for a special assessment of lands devoted to the 
growth of forest trees or of fruit trees. Forest reservations 
might consist either of natural forest or of areas artificially 
stocked with forest trees. At least two hundred forest trees 
per acre were required. If all the trees were planted or a 
part were planted so as to make the minimum number of 
two hundred per acre the area could not be classed as a for- 
est reservation until at least two years had elapsed from the 
planting, during which time the trees must be properly cared 
for. Forest reservations were to be assessed at one dollar per 
acre but must have an area of at least two acres. The 
species which might be accepted as forest trees were: "Ash, 
black cherry, black walnut, butternut, catalpa, coffee tree, the 
elms, hackberry, the hickories, honey locust, mulberry, the 
oaks, sugar maple, European larch, and other coniferous trees 
and all other forest trees introduced into the state for experi- 
mental purposes." The act also allowed "willows, box-elder, 
soft maple, cottonwood and other poplars" to be included 
when used in a protecting border not over two rods wide, and 
allowed the counting of one hundred box-elder or soft maple 
trees to the acre when planted as nurse trees. Plantations of 
at least seventy fruit trees to the acre were entitled to an 
assessment of one dollar per acre for eight years from the 
time of the planting. The act also provided that whenever 
forest, fruit, shade or ornamental trees were planted or trees 
were planted for windbreak purposes in such manner or num- 
ber as not to be entitled to classification as forest or fruit tree 
reservations, there was to be no increase in the assessment of 
the land because of such planting. Section fourteen of the 
act required that the secretary of the state horticultural 



1. Sess. L., Vt. 1908, No. 11, p. 9. Act authorized furnishing stock from state 

nurseries to private owners. See Act Dec. 16, 1906, No. 15. 

2. Session Laws, Iowa, 1906, ch. 52, p. 35. 



200 FOREST LAW IN AMERICA 

society perform the duties of a state forestry commissioner 
without additional salary in promoting the objects of the act. 
He was authorized to appoint non-salaried county deputies 
and to require them to report annually upon the operation of 
the act and upon other forestry matters. 

An act of March 22, 1911 ^ amended the act of 1906 so as 
to authorize the planting of Norway and Carolina poplars as 
regular forest species, as well as for border purposes. 

Wisconsin. Under a Wisconsin act of July 12, 1907- 
the owner of any tract of land in the state who should set 
apart a portion thereof, not exceeding forty acres, for for- 
est culture and plant the same with timber or forest trees, 
not less than twelve hundred to the iacre, was declared en- 
titled to exemption from all taxation on the planted land 
for a period of thirty years from the time of planting. The 
trees must be kept in a healthy condition, but all except 
six hundred trees might be thinned out at the end of ten 
years from the planting. The exemption was not allowable 
to lands having a value of over ten dollars per acre. The 
examination and valuation of the land was to be made by 
the board of review of the town in which the land was situ- 
ated. If land had been planted before the valuation was 
fixed and the town board then held the planted tract not 
entitled to exemption, an appeal might be made by the 
owner to a state official. The exemption could be allowed 
as to lands within two miles of an incorporated city or vil- 
lage only with the written approval of a state officer, and 
any exemption could be canceled if the owner failed to com- 
ply with the law. Corporations, copartnerships and asso- 
ciations of persons might enjoy the benefits of the act. 

Alabama. In section five of a general forestry act of 
November 30, 1907 ^ Alabama provided that any owner 
of land assessed at not over five dollars per acre might con- 
tract with the state commissioner of forestry to plant or 
grow useful timber trees thereon in the manner prescribed 



1. Sess. L. Iowa, 1911, vol. 34, ch. (5.5, p. 48. For law of 1906 amended in 1011 , 

see Suppl. of 1913 to Iowa code of 1S97, sees. 14()0c to 1400p. 

2. Laws 1907. ehap. .592 (Amendment by ("haj). 063, sec. 234-6, Laws 1911. did not 

affect substance of law); .Statutes of Wisconsin. 1913, sec. 1494-101 to 1944-111. 

3. General Laws, Special Session Ala., 1907, No. 90. p. 192. 



RECENT DEVELOPMENTS IN FOREST TAXATION 201 

by the commission. If in accordance with such agreement 
the owner should keep the trees upon the designated forest 
tract in thrifty condition for ten years and cut no trees ex- 
cept as permitted by his contract, the tract was to be exempt 
from taxation for the following ten-year period, or for such 
part thereof as the forest was maintained. 

Louisiana. By an act of July 7, 1910^ the legislature 
of the State of Louisiana provided that any owner of land 
within the State of Louisiana having an assessed value not 
exceeding five dollars per acre who should contract in writ- 
ing with the State Conservation Commission to plant trees 
upon the land and care for them as required by the said 
commission for a period of not less than thirty nor more 
than forty years might have the assessment of the land 
fixed at one dollar per acre throughout the contract period 
or for such part of the period as the owner should comply 
with his contract. 

FOREST TAXATION LAWS INVOLVING NEW PRIN- 
CIPLES ENACTED IN AMERICAN STATES FROM 1910 
TO 1917. 

Michigan. A Michigan act approved by the governor 
on April 25, 1911 ^ followed the Indiana act of 1899 in pro- 
viding for the devotion of one-eighth of the area of separate 
holdings to purposes of forest growth, and exempted from 
taxation all value of such forest reservation above one dol- 
lar per acre. However, the benefits of the Michigan act 
were limited to those who held tracts not exceeding one 
hundred and sixty acres in extent, one half of which was 
improved and devoted to agricultural purposes; and pro- 
vision was made for the collection before removal of a yield 
tax equal to five per cent of the estimated value of the 
timber which the owner proposed to remove. This act, 
like a provision in a Michigan act of June 2, 1909 ^ re- 



1. Laws of Louisiana. 1910, No. 261, sec. 13. See also Laws 1912. Act No. 127. vest- 

ing tlie administration of the act in the reorganized conservation commission. 

2. Session Laws of Mich., 1911, No. 135. Same Annot. Stat. 1914, HoweU, Sec. 2063- 

2074, Vol. 1, p. 999-1001. 

3. Session Laws of Mich., 1909, No. 280, sec. 7. Cf. Act May 1, 1911. S. L., No. 294, 

sec. 11. 



202 FOREST LAW IN AMERICA 

quiring those homesteading state lands to maintain a tim- 
ber reserve, was aimed at the establishment and mainte- 
nance of farm woodlots as distinguished from actual forest 
reserves. 

New York. In the year 1912 three tax exemption laws 
were enacted in the State of New York. An act of April 
10, 1912 ^ provided that whenever any land owner should 
plant not less than one nor more than one hundred acres 
for forestry purposes, with not less than 800 trees to the 
acre on open land, nor less than three hundred trees to the 
acre on existing forest or brush land, the non-forested land 
thus planted should be exempt from all taxation, and the 
underplanted forest land from taxation on all value except 
one half the value of the land exclusive of all forest growth, 
for a period of thirty-five years. Lands situated within 
twenty miles of the corporate limits of a city of the first 
class, within ten miles of a city of the second class, or within 
one mile of an incorporated village, were declared not en- 
titled to exemption. Proof of proper planting must be made to 
the satisfaction of the State forest officers, and if at any time 
within the thirty-five year period the land should cease to 
be devoted exclusively to forest growth purposes, the 
exemption or reduction in taxation should at once termi- 
nate. After the expiration of the thirty-five year period 
the land must be assessed at its full rate, exclusive of the 
timber growth, and five per cent of the stumpage value of 
the timber must be paid whenever it was cut. 

An act of April 15, 1912 - provided that the owner of 
any tract not exceeding fifty acres occupied by a natural or 
planted growth of trees, or by both, not closer to any city 
or village than the minimum distances given in the act of 
April 12, 1912, above, upon a showing to the satisfaction of 
the state forest office that the land might be properly classed 
as a woodlot within the meaning and purpose of the act and 
upon the execution of an agreement to manage the forest as 
the state officials should prescribe, might have the land classi- 



1. Session Laws N. Y., 1912. ch. 240, Vol. 1. p. 4()9. 

2. Session Laws N.Y., 1912. ch.. ■?().•?. Vol. l.p.710. Of., Art of Apr. ,5. 1910, S. L. ch. 72, 

p. 15 authorizing tiie sale of planting stock to citizens and Act Ai>ril 16, 1912, 
S. L. ch. 444, p. 883, providing that price shall be no more than cost. 



KECENT DEVELOPMENTS IN FOREST TAXATION" 203 

fied for taxation as a woodlot. Such assessment should not 
take into account the value of the trees, nor exceed ten dol- 
lars per acre. Whenever the owner should cut live timber, 
except for firewood or building material for domestic use, 
he must cut in accordance with the instructions of state 
officials and pay a five per cent yield tax on the value of 
the material removed. 

An act of April 16, 1912 ^ authorized the classification 
of waste, denuded, or wild forest lands in tracts of five 
acres or more as forest land by the state forest officers, 
provided the value was not over five dollars per acre. After 
such classification the assessment should not be raised for a 
period of thirty-five years if the owner complied with his 
agreement with the state to plant, protect and maintain 
the forest growth on the land so classified. There was no 
yield tax provision in this law, and no exemption, merely 
a fixed assessment rate for thirty-five years. 

Vermont. A Vermont act of February .13, 1913 ^ 
provided that land situated outside the limits of a city or 
village and sufficiently stocked with young trees of certain 
named species or other species approved by the state forester 
should, upon application by the owner, be classified as for- 
est land for purposes of taxation. Such classification should 
be allowed when the condition of the forest growth on the 
land met any one of three distinct requirements, namely, 
when cut-over land was fully stocked with forest trees not 
more than fifteen years old, when cut-over or other land 
partially stocked with trees not more than fifteen years 
old had been planted with a sufficient number of additional 
trees to assure an average spacing of six by six feet, and when 
open land had been planted with not less than one thousand 
trees to the acre. 

Subsequent to classification forest land was to be taxed 
at the local rate on the land alone at an assessment of not 
over three dollars per acre until the year 1950. In 1950 
the land was to be revalued without regard to the three 
dollar limit, and the new valuation was to be maintained as 



1. Session Laws New York, 1912, ch. 444, art. 5, sec. 89, Vol. 2, p. 907. 

2. Session Laws, Vermont, 1913, No. 40, p. 33. • 



204 rOREST LAW IN AMERICA 

a basis of taxation at the local rate for fifty years subsequent 
to 1950. Whenever a commercii.l cutting was made a ten 
per cent tax on the gross stumpage value of the timber re- 
moved was to be levied. The use of the land for pasture, 
destruction of tree growth or other failure to maintain 
proper forest conditions in the opinion of the state forester 
should constitute ground for a cancellation of the clas- 
sification. When a cancellation was declared the owner 
must pay a tax of one-half of one per cent per annum for 
the period that the land had been under classification in ad- 
dition to any annual or yield tax paid previous to the can- 
cellation. No yield tax need be paid on material cut for 
domestic use or upon improvement cuttings where the cost 
of removal was equal to the value of the material removed. 

This act provided that the previous forest tax exemption 
law should not apply to land planted subsequent to January 
1, 1913. 

A companion act of February 22, 1913 ^ authorized the 
classification as forest land of waste, partially denuded, or 
wild forest land of five acres or more in extent, lying outside 
a city or village, occupied wholly or in part by a natural or 
planted growth of trees more than fifteen years old, or both 
natural and planted, and unsuitable for cultivation. From 
the time of classification until the year 1950 such lands were 
to be taxed at the local rate upon the valuation fixed in the 
last quadrennial appraisal preceding the classification. In 
1950 a revaluation of both land and timber was to be made 
as a final basis for taxation during the fifty years following. 
Any cutting, except for domestic use of the owner or his 
tenant, was to be reported, and before removal of the tim- 
ber a tax of one-tenth of one per cent of such valuation for 
each year that the land had been classified as forest land 
should be paid, but such tax should not exceed seven per 
cent of such valuation. A penalty of three times the amount 
of the tax might be imposed for a failure of the owner to 
report a commercial cutting or to pay the required tax. 
Whenever in the opinion of the tax listers trees on such land 
were mature, or the land was no longer used as contemplated 



1. Session Laws Vermont, 1913, No. 41, p. 34. 



KECENT DEVELOPMENTS IN FOREST TAXATION 205 

by the act, notice should be given the owner. If the owner 
declined to cut the trees he must pay a tax as if they were 
cut, and the classification should no longer apply. Con- 
troversies between owners and the tax listers were to be 
decided by the chairman of the selectmen, the town clerk 
and the state forester. 

Connecticut. In 1913 a report was made to the Connecti- 
cut legislature by a commission on forest taxation authorized 
by an act of May 2, 1911 ^ and a forest taxation law of May 
May 7, 1913 ^ provided that woodland and land suitable for 
forest planting, not less than five acres in area and having 
a value not exceeding twenty-five dollars per acre, exclu- 
sive of the timber growing thereon, might be given special 
classification as forest land for purposes of taxation. Land 
bearing timber of taxable value and of more than ten years' 
growth which was classified under the act as forest land 
must be taxed annually, at not to exceed a rate of ten mills, 
upon the value of the land and timber separately at the 
value assessed at the time of the classification. This as- 
sessment on both land and timber was to remain fixed for 
a period of fifty years. Upon the basis of the revaluation 
made at the end of fifty years, both land and timber were 
to be subject to an annual tax at the local rate, but not to 
exceed ten mills, for another period of fifty years. At the 
end of the hundred years the land and timber should, if 
necessary, be revalued separately and assessed annually at 
the local rate. 

Whenever a cutting was made on lands classified as forest 
lands, except cuttings for domestic uses, a graduated yield 
tax was to be collected. This tax was to be two per cent of 
the stumpage value of the timber removed during the first 
decade after classification, and to increase one per cent for 
each subsequent decade until the tax should reach seven per 
cent at the beginning of the sixth decade. Thereafter the 
yield tax was to remain at seven per cent of the stumpage 
value at the time of removal. 



1. Session Laws of Conn., 1911, ch. 45, p. 1304. 

2. Laws of Conn. 1913, ch. 58., p. 1666. Cf. Act May 26, 1913, ch. 108, directing 

that the state forester issue no certificate under Chapter 205 of 1911 after June 1, 
1913 and mailing that Act inapplicable to lands planted to forest trees after 
January 1, 1913; and see Act March 31, 1915. S. L., Conn. ch. 90, p. 1953, regu- 
lating the matter of assessment of forest land and of appeal from the decision 
of the assessors to the County Superior Court. 



206 FOREST LAW IN AMERICA 

/ 

Land fully stocked with forest trees under ten years of 
age, whether planted or of natural growth, and with at least 
twelve hundred planted trees to the acre of the species ap- 
proved by the state forester, might be classified as forest 
land and would thereafter be taxed on a valuation of the 
land only, with a revaluation of the land at the end of a 
fifty year period. Whenever a cutting for sale purposes 
was made in such a forest a yield tax of ten per cent of the 
stumpage value of the material removed was to be levied. 

Application for classification, reclassification, and per- 
mission to cut must be made to the state forester, and he 
might cancel a classification if the requirements of the act 
were not being complied with, either from the fault of the 
owner or from other cause. 

Pennsylvania. Forest taxation bills pending in the 
Pennsylvania legislatures in 1907, 1909 and 1911, failed of 
passage, but in 1913 three laws were passed providing for 
the classification of certain private lands as forest lands and 
for the taxation of the same. One of these ^ which declared 
that its purpose was to encourage the growing of trees suit- 
able for merchantable forest products provided that any 
owner of surface land desirous of having the same placed 
in a classification of land to be known as auxiliary forest 
reserves might notify the State Forestry Reservation Com- 
mission of his desire with a description of the land and the 
timber thereon. The commission might in its discretion have 
the lands examined by a forester and determine whether the 
land should properly be thus classified. Such classification 
could not become operative until the owner had agreed in 
writing with the commission to care for the trees growing 
thereon according to the instructions of the commission, 
and the land might be removed from such classification 
because of a failure of the owner to care for the trees as 
agreed, and back taxes recovered for the land on the regu- 
lar taxation basis. On a similar basis the land might be 
removed from the auxiliary forest reserve classification upon 
the request of the owner. 



1. Act June 5, 1913, S. L. Penn., No. 284. p. 426. 



KECENT DEVELOPMENTS IX FOREST TAXATION 207 

When the trees became merchantable the commission 
was to determine the amount of timber to be cut. The 
classification might be maintained after the harvest of the 
forest crop, if the owner complied with the instructions of 
the commission and protected the young growth. The 
owner might at all times remove dead or injured trees, and 
under the direction of the commission make thinnings. 

A companion act ^ provided that the surface of lands 
classified as auxiliary forest reserves should be assessed for 
taxation purposes at not over one dollar per acre so long 
as thus designated. Minerals in the land might be sep- 
arately assessed and taxed. Whenever timber was to be 
harvested the owner was required to give a bond to the 
county treasurer in the sum of twenty per cent of the 
value of such timber as estimated by the commission to 
insure the payment within ninety days after the harvest- 
ing of ten per cent of the actual stumpage value of the tim- 
ber removed, as a yield tax. 

A third act of 1913 - provided that the state should pay 
an annual tax of two cents per acre on auxiliary reserves 
for the benefit of schools, and the same amount for the 
construction and repair of roads in the districts in which 
such reserves were situated. 

Massachusetts. In 1912 the constitution of Matisa- 
chusetts was amended so as to authorize the separate classi- 
fication of forest land for taxation purposes. A resolution 
of the Massachusetts legislature, approved June 16, 1913^ 
provided for the appointment of a commission of five to 
investigate the question of forest taxation and report to 
the legislature as to the legislation necessary for the acqui- 
sition and management of wild and forest land. The re- 
port of the commission was submitted in Januaiy, 1914 ^ 
and the legislation therein recommended was enacted into 
law on June 2, 1914. ^ This act provided that owners of 



1. Act June 5. 1913. S. L.. Penn.. No. 269. p. 405. 

2. Act June 5, 191.3, S. L.. Penn.. No. 270. p. 40S. Cf. Act Apr. 22, 1909, S. L. No. 69. 

p. 11.5, authorizing distribution of planting stock at not over cost and transpor- 
tation and Act April 21. 1915, S. L. No. 76 removing all charges except for box- 
ins; and for transportation. 
.3. Ke-solves Mass.. 1913. ch. 131, p. 1180. 

4. Senate Doc. Mass.. 1914. No. 426. 

5. Session Laws 1914, ch. 598, p. 529. 



208 FOREST LAW IN AMERICA 

woodland or land suitable for forest planting of not less 
than three acres might have the same classified for taxa- 
tion purposes either as a woodlot or as a plantation. The 
classijGication was to be made by the town assessors, but 
there was a right of appeal to the state forester, whose de- 
termination was to be final. Land classified as woodlot 
or plantation was to be taxed upon the basis of a fair value 
for the land exclusive of the value of the trees growing 
thereon, and a yield or product tax was to be levied whenever 
timber or other products were removed for sale, or other income 
derived. This product tax was to equal one per cent of the 
income in any year during the first five years subsequent to 
April 1. 1914, and was to increase one per cent each five- 
year period subsequent to April 1, 1919, until the end of five 
five-year periods, or a total period of twenty-five years was 
reached in the year 1939, after which time the product tax 
should remain equal to six per cent of the gross income re- 
ceived from timber stumpage or from other production of 
the land during any year. A penalty must be imposed for 
any failure by an owner or his representative to report any 
cutting upon which a product tax was due. 

To protect towns from a decrease of revenue during the 
transition period from the existing method of taxation of 
timber, as land, to the system of levying an annual tax on 
the land and a yield tax on the timber when removed, pro- 
vision was made in the Massachusetts law for the payment 
of a third form of tax called a forest commutation tax on 
lands classified as woodlot. The forest commutation tax 
levied between April 1, 1914, and April 1, 1919, as to any 
particular tract was to consist of its proportionate share 
of the remainder derived by the subtraction of the annual 
forest land tax levied in the town under the new plan of 
taxation from the total tax, exclusive of that on buildings, 
levied in the said town in 1913 on the lands classified as 
woodlot between April 1, 1914, and April 1, 1919; such pro- 
portionate share to be dependent upon the stumpage value 
of the timber standing upon any tract at the time of classi- 
fication. Subsequent to 1919 this tax was to remain the 
same as in the year 1919. Upon lands classified as woodlot 
subsequent to April 1, 1919, the commutation tax was to 



MUNICIPAL FORESTS 209 

equal the remainder obtained by the subtraction from the 
last land tax before classification, exclusive of buildings, 
of the forest land tax levied in the year subsequent to such 
classification. Provision was made for a reduction of the 
forest commutation tax where timber of a value not less 
than ten per cent of the stumpage value of the trees stand- 
ing at the time of classification had been destroyed by fire 
or otherwise, and for a reduction in this tax on similar terms 
as timber was cut and a product tax paid thereon. When 
the reductions for any purpose should equal the stumpage 
value of the timber standing at the date of classification, 
any woodlot should thereafter be taxed on the same basis 
as if classified as plantation. 

No product tax need be paid on timber of a stumpage 
value not exceeding twenty-five dollars removed in any one 
year for personal use or for use of a tenant. Portions of a 
tract classified as woodlot or plantation not fully stocked 
or cut over should be planted or otherwise stocked under 
regulations prescribed by the state forester. A failure by 
the owner to restock the land would make him liable for 
the cost of planting by the state at a cost not exceeding 
ten dollars per acre. Provision was made for the ownership 
of classified land by corporations. The existing legislation 
providing for a tax exemption on forest plantations was 
repealed with a saving of all exemption rights previously 
earned and a provision for the classification of such land 
as plantation at the end of the ten-year exemption period 
of the former law. ^ 

PROVISIONS FOR THE ESTABLISHMENT AND MAIN- 
TENANCE OF FORESTS BY CITIES, TOWNS AND 
OTHER MUNICIPALITIES ENACTED PRIOR TO 1917 

Massachusetts. The awakening interest in forestry 
in America in the last quarter of the nineteenth century 
drew its inspiration largely from a few men who had en- 
joyed the opportunity of studying or of observing forestry 
in countries of Continental Europe. This foreign influence 



1. Ses Session Laws Mass., 1909, ch. 490, p. 543, sec. 6, and interpretation of tax 
laws, 111 Mass. 473; 118 Mass. 386, and 137 Mass., 272. 



210 , FOREST LAW IX AMERICA 

was strikingly illustrated by a Massachusetts act of May 
25, 1882^ authorizing the voters of any town, or the 
council of any city, to establish a municipal forest and make 
appropriations therefor, or to receive donations of land for 
forest purposes. So impressed were the legislators of 
Massachusetts by the reports received as to the success 
of communal forests in Europe that they even authorized 
the condemnation of land for community forest purposes. 
This act required the state board of agriculture to act as a 
board of forestry, without compensation other than travel- 
ing expenses, and charged the said board with the supervi- 
sion and management of all such forests. They were to 
regulate the care and use of the forests and the planting and 
cultivating of trees therein. The one or more keepers of 
each forest to be appointed by this board were to have the 
powers of constables and police officers. All receipts of 
the forests were to be paid to the board which was to re- 
turn to the municipality the net surplus not needed for the 
care and improvement of its public domain. The approval 
of two-thirds of the voters of a town at a special meet- 
ing, or of the council of a city, was required for the estab- 
lishment of a forest, but the issuance of bonds to meet the 
expenses of such enterprises was authorized. 

This law, as contained in chapter twenty-eight of the 
Revised Laws of nineteen hundred two was amended by 
an act of April 26, 1913 - to limit the indebtedness that 
might be incurred by a city or town for municipal forest 
purposes to one-half of one per cent of the last assessed 
valuation of the city or town; to permit the acquisition of 
such public domain for purposes of water supply preser- 
vation; and to allow the erection of buildings and lease of 
the same for purposes beneficial to the property. The act 
contained detailed provisions for the issuance of town or 
city bonds for the acquisition of such public domain, with 
limitations that the bonds should not run for more than 



1. Session Laws. Mas>.. 1SS2, ch. 255. p. 200. Cf. the Act of Marcli 21. 1744, 

(Laws of 1743-44. oh. 25), Acts and Resolves, Province of Mass. Bay. Vol. Ill, 
p. 132 and Act of .January 0, 1755, (Laws of 1755, ch. 21.) same volume p. 799, 
both autlioriziiifi the cooperative i)ractice of forestry by private owners in ^Slassa- 
chusolls under riuasi corporate form. 

2. Sess. L., Ma.s.s., 191.3. ch. 5(i4. p. 4S3. See Act of April 12. 1915, S. L. ch. 162 au- 

thorizing a city or town to acciiiire and maintain a piiMic domain within another 
tow^n for water supply purposes. 



MUNICIPAL FORESTS 211 

thirty years and should not bear a rate of interest above 
four and one-half per cent per annum. Cities and towns 
were authorized to place their public domain under the 
general supervision and control of the state forester to 
whom the local city or town forester and the keepers should 
be subordinate. When this was done buildings could not 
be erected upon the public domain without the approval 
of the state forester. 

New Jersey. A New Jersey act of April 20, 1906 ' 
authorized the governing body of any municipality within 
the state to use any lands of such municipality for forest 
growth, and gave them the power to cut and sell timber, and 
to enter into contract with the state board of forest park 
reservation commissioners for the control and management 
of such lands for forestry purposes. 

Pennsylvania. A Pennsylvania act of April 22, 1909, ^ 
the preamble of which referred to the successful manage- 
ment of municipal forests in European countries and to 
the expediency of such a system in Pennsylvania, provided 
that any city, borough or township of the first class might 
acquire by purchase, gift or lease, hold and administer 
forest lands within, adjacent to, or at a distance from its 
corporate limits. The approval of the state commissioner 
of forestry must be obtained before the acquisition was ac- 
complished and the lands were to be managed under his 
direction. After a three weeks' advertisement of their 
intention and the affording of an opportunity for a hearing, 
any lands approved by the state commissioner could be 
acquired by a vote of the township commissioners or of a 
city council. Such lands were made subject to use as parks, 
but the primary purpose was to be the realization of revenue. 
Any vote of the governing authorities to alienate lands ac- 
quired for forest purposes must receive a popular vote of 
approval to become effective. 



1. Session Laws. N. J.. 1906. ch. 136, p. 261. 

2. Session Laws, Pa., 1009, No. 79, p. 124. Cf. Act April 24. 190.3, S. L. No. 227, 

p. 294 authorizing cities of tlie first class to acfiuire farmlands or woodlands for 
public park purposes, not over one thousand acres to each city. 



212 FOREST LAW IN AMERICA 

Wisconsin. By act of April 28, 1909 ^ any town board in 
the State of Wisconsin was authorized to acquire by pur- 
chase or otherwise a sufficient tract of land to use and main- 
tain as a woodlot and to preserve and reforest the same un- 
der regulations approved by the state board of forestry. 
The sale of suchawoodlotby the town board was authorized. 

New York. On March 26, 1912 ^ the New York law 

relating to municipal corporations was amended by the 
addition of a new section authorizing the governing board 
of any county, town or village to acquire for the county 
by purchase, lease, gift or condemnation tracts of land 
having a forest growth, or suitable therefor, and to appro- 
priate public funds for the management of such lands ac- 
cording to the principles of scientific forestry for the benefit 
of the municipality. A two-weeks' notice of purpose and 
a public hearing must precede the final action of any govern- 
ing body in acquiring land for forest purposes. Payment 
for the lands acquired might be made either by a tax levy 
or by the issuance of bonds. Although use of such tracts 
for other purposes was authorized, the act declared that 
the primary object was to be one of municipal revenue. 
After two weeks' notice and a public hearing forest lands 
might be disposed of by a two-thirds vote of the governing 
body. 

A New York act of May 8, 1915 ^ amended the conser- 
vation law of 1911 by inserting a new section providing 
that any county or town in the state might acquire, by pur- 
chase or by gift, vacant or abandoned land for reforestation 
purposes. The determination of whether land should be 
thus acquired was to be made by a vote of the county 
board of supervisors for a county forest and by majority 
vote of the people at a town meeting for a town forest. 
Such lands might be acquired at tax sales. 

The state conservation commission was required to aid 
counties and towns in the reforestation and management 



1. Session Laws, Wis., 1909, ch. 77, p. 82. Cf. Laws 1911, ch. 40S, authorizing 

the employment of foresters in cities of the first class. 

2. Session Laws, N. Y., 1912, ch. 74, inserting section 72a in cliap. 29 of the consoli- 

dated Laws of 1909. 

3. Session Laws, N. Y., 1915, ch. 558, p. 1737, inserting sec. 62a in art. IV of chap. 

047 of 1911. 



MUNICIPAL FORESTS 213 

of such lands, and no sale of lands thus reforested could be 
made without the approval of the state commission. 

Indiana. An act of February 12, 1913 ^ provided that 
any five or more persons might, by written articles of 
association, organize a forestry association in any county, 
city, town or township. Upon the due filing of these arti- 
cles the association was to become a perpetual corporation, 
with the power to establish and maintain forests. Such 
corporation might accept gifts of money, lands or property 
for the purpose of acquiring and holding in perpetuity 
forest lands which were not to be subject to taxation for 
any purpose. Counties were authorized to contribute to 
the objects of such associations. The forestry board se- 
lected by the members of the association were vested with 
administrative control of these forests. They might employ 
a forester. Fines might be imposed for injuring trees, and 
teachers were given the right to take pupils to a forest for 
instruction. All forestry corporations were required to 
report in writing to the secretary of the Indiana forestry 
association a description of all land acquired in any manner 
and a statement of the mode of acquisition and the cost, 
and the president of every forestry board was an ex-officio 
member of the state association. The legislature declared 
that the act was to be construed liberally for the encourage- 
ment of forestry practice. 

New HampshiTe. Under a New Hampshire act ap- 
proved March 14, 1913 - any town or city of the state was 
authorized to vote at any legal meeting, such sums of money 
as they should judge necessary to purchase, manage and 
improve lands for the purpose of growing wood and timber. 
The lands thus purchased were to be managed under the 
direction of the state forester. The net proceeds from the 
sale of wood and timber from these lands were to accrue 
to the benefit of the town or city. 

Minnesota. A Minnesota act of April 8, 1913^ au- 



1. Session Laws, Ind.. 1913, ch. 13, p. IS. 

2. Session Laws, N. H., 1913, ch. 27, p. 497. Cf. Laws 1901, ch. 98, regarding shade 

trees, amended by Laws 190.T, ch. 119, and Laws 1915, ch. 138. 

3. Session Laws, Minnesota, 1913, ch. 211. Cf. Laws 1915, ch. 108, providing for a 

municipal forest for tlie City of St. Paul. 



214 FOREST LAW l^s' AMERICA 

thorized the governing body of any city, village or town in 
the state to accept donations of land suitable for forest 
production purposes, and manage the same on forestry 
principles. The donor of not less than one hundred acres 
was entitled under the law to have the tract donated per- 
petually bear his or her name. When authorized by a 
majority vote at any general or special election, the govern- 
ing body of any city, village or town might obtain by pur- 
chase or condemnation proceedings any tract that was 
better adapted for the production of timber and wood than 
for any other purpose and that was conveniently located 
for such purpose. The selection of land and the manage- 
ment thereof must have the approval of the state forester. 
An annual tax of not exceeding five mills on the dollar of 
assessed real estate valuation for the acquisition and main- 
tenance of the communal forests of any municipality was 
authorized. 

An act of April 21, 1915^ containing provisions sub- 
stantially identical with those of the act of 1913 as to ac- 
ceptance, purchase, condemnation and management of 
lands primarily suitable for forest production purposes was 
applicable only to cities governed under a state charter 
and having a population of more than fifty thousand in- 
habitants. The only essential difference between this act 
and the one applicable to smaller communities was that 
the governing body of the city might acquire lands by reso- 
lution without a submission of the proposition to the 
voters of the city. 

Vermont. By an act of April 1, 1915- the legislature 
of Vermont authorized any city or town to vote money at 
any legal meeting for the purchase, management and im- 
provement of lands suitable for the growing of wood and 
timber. Any town or city having a tract of land not less 
than forty acres in extent, acquired through donation, 
purchase or forfeiture for taxes, was authorized to have the 
same examined without cost by the state forester to de- 
termine whether it was suitable for maintenance as a school 



1. Session Laws, Minn.. 1915, ch. 217, p. 318. 

2. Session Laws. Vt.. 1915, No. 24, p. 84. 



MUNICIPAL FORESTS 215 

endowment forest. If a tract were so designated by the 
forester, he was required to give advice as to planting and 
management, and might distribute at cost annually from 
the state nurseries one hundred and fifty thousand trees 
for planting in such forests. These forests must be managed 
under the direction of the state forester, and only such 
trees cut as he should designate. The town forest warden 
was required to protect school endowment forests and, 
upon accounts submitted and approved by the forester, 
he might receive the same compensation for this work as 
for fire suppression. The net proceeds were to be deposited 
in the town treasury. 



CHAPTER VI 

A Summary of the Progress of Forest Legis- 
lation in American States to the close of the Year 
Nineteen Hundred Sixteen ' 

Introduction. The first stages of the forestry move- 
ment as directed to the conservation of state and national 
resources was marked by the estabhshment of public 
associations and legislative commissions for the investiga- 
tion of forest resources, and the submission of reports as to 
the means to be adopted to effect an improvement of con- 
ditions. The members of the legislative commissions were 
often selected from those prominent in political or business 
life, but the appointment of publicists and scientists upon 
such boards was also common. In many of the states this 
investigation was conducted by the state geological sm'vey 
and the national geological survey rendered very important 
service during the period preceding the establishment of a 
separate bureau for the management of national forests. 

These investigative commissions were regularly succeeded 
by permanent commissions or boards that ser^^ed without 
compensation, other than reimbursement of expenses. 
In the earlier developments each board or commission was 
usually authorized to select a salaried secretary who acted as 
an administrative officer and as a director of the educa- 
tional efforts of the board. These permanent boards al- 
most invariably included the governor and one or more 
other state executive officers with one or more members 
representing the scientific or educational interests of the 
state and often one or more owners or manufacturers of 
timber to be appointed by the governor. In several in- 
stances, as in Indiana and Minnesota, these members were 



1. In the preparation of Chapter VI the author has enjoyed the privilege of consult- 
ing a monograph on State Forest Organization by J. Girvin Peters, publislied in 1913, 
and desires to acknowledge the helpful suggestions derived therefrom. 

2X6 



SUMMARY OF STATE FOREST LEGISLATION 217 

to be nominated by associations or educational corporations 
named in the act creating the board. 

In many states later laws substituted for the secretary of 
the board a technically trained forester who was made re- 
sponsible for the general administration of forestry activi- 
ties of all kinds, including fire protection and educational 
propaganda. In the majority of the states a board has 
been retained with advisory or supervisory duties. 

SYSTEMS OF ADMINISTRATION IN 1916 

Supervision by a Board of Forestry. At the close of 
the year 1916 there were permanent official boards of for- 
estry in Alabama (called Commission of Forestry), Cali- 
fornia, Delaware, Indiana, Kentucky, Maryland, Michi- 
gan (called Public Domain Commission), Minnesota, Mon- 
tana, New Hampshire (called Forestry Commission), New 
Jersey (called Board of Conservation and Development and 
with other jurisdiction), Oregon, Pennsylvania (called 
Department of Forestry) and Washington. 

Supervision by an Agricultural Board. In Colo- 
rado and Vermont the state board of agriculture acts as a 
board of forestry. In Connecticut, Kansas and Ohio 
forestry work is conducted under the supervision of the 
state agricultural experiment stations and in Texas under 
that of the board of directors of the State agricultural 
and mechanical college. 

Supervision by Other Boards. In North Carolina 
the geological survey, in Virginia the geological commis- 
sion, and in Tennessee and West Virginia the forest, fish, 
and game commissioner is charged with, responsibility for 
all forest administration and protection. In Idaho the 
state board of land commissioners directs all forestry work 
and in Colorado and Utah the same board is required to 
administer state forest lands so as to conserve the water 
supply. In Florida, Mississippi, and Missouri, which have 
no forest administration system, the state geological sur- 
vey is required to gather information as to forest resources. 



218 FOREST LAW IX AMERICA 

A Single Executive. In Wir.'onsin a conservation com- 
mission of three salaried meml crs has general charge of 
forests, fish and game with one commissioner indirect 
charge of each branch. In Louisiana a single commissioner 
of conservation is assisted by an advisory board of fom' 
members in directing forestry work. Full responsibility for 
the direction of forestry work is vested in the forest com- 
missioner in Maine, the state forester in Massachusetts, the 
conservation commissioner in New York and the commis- 
sioner of forestry in Rhode Island. In North Dakota the 
president of the state school of forestry is required by law to 
act as state forester and in South Dakota the commissioner 
of school and public lands is authorized to appoint a state 
forest supervisor who is required to protect the forests upon 
state lands. In Iowa the Secretary of the state horticultural 
society acts as forestry commissioner in the gathering of 
statistics and in promoting the objects of the forest reser- 
vation tax exemption law. 

Technical Representatives upon Board. In Ala- 
bama, Delaware, Louisiana and Oregon the forestry board 
includes the professor of forestry at the state college or 
university and in Alabama one member of the Federal 
Forest Service also. In California, Connecticut, Delaware, 
Indiana, Kansas, Louisiana, Montana, Ohio, Pennsylvania 
and Wisconsin the person acting as forester is a member 
of the directing forestry board. 

A State Forester. In California, Colorado, Connecti- 
cut, Delaware, Indiana, Kansas, Kentucky, Louisiana, 
Maine, Maryland, Massachusetts, Minnesota, Montana, 
New Hampshire, New Jersey, New York, North Carolina, 
North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, 
South Dakota, Texas, Vermont, Virginia, Washington, West 
Virginia and Wisconsin provision is made for the employ- 
ment of an administrative forest officer. This officer is desig- 
nated as forester except in Maine, New York, Pennsylvania 
Rhode Island, South Dakota and Wisconsin. In Cali- 
fornia, Connecticut, Kentucky, Louisiana, Maryland, Massa- 
chusetts, Minnesota, Montana, New Jersey, New York, 



SUMMARY OF STATE FOREST LEGISLATION 219 

Texas, Vermont, Virginia, West Virginia and Wisconsin the 
law requires that this official shall have had a technical 
education or a practical training as a forester. The Ore- 
gon law requires that he be a "practical forester." 

STATE FORESTS 

Management. In Alabama, California, Colorado, Con- 
necticut, Delaware, Indiana, Kansas, Kentucky, Louisiana, 
Maine, Maryland, Massachusetts, Michigan, Minnesota, 
Montana, New Hampshire, New Jersey, New York, North 
Carolina, Ohio, Oregon, Pennsylvania, Tennessee (prob- 
ably repealed by Ch. 152 of laws of 1915), Texas, Utah, 
Vermont, Virginia, Washington, West Virginia and Wis- 
consin provision has been made for the management for 
forestry purposes of lands held or to be acquired by the 
state. 

Acquisition through Gift. In Alabama, Delaware, 
Louisiana, Maryland, Massachusetts, Minnesota, New Ham- 
shire, New Jersey, New York, North Carohna, Texas, Ver- 
mont, Virginia and West Virginia there are laws specifically 
authorizing the acceptance by ihe state of gifts of land for 
forestry purposes. 

Acquisition by Purchase. In Connecticut, Delaware, 
Kentucky, Louisiana, Maryland, Massachusetts, Michigan, 
Minnesota, New Hampshire, New Jersey, New York, North 
Carolina, Ohio, Pennsylvania, Texas, Vermont, Virginia, 
West Virginia and Wisconsin the acquisition of state for- 
est reserves through purchase by forestry officials has 
been authorized. Lands within the Maine forestry 
district which are forfeited for a non-payment of the 
special protective tax are held as state forest lands. 

Establishment by Reservation. In Idaho, Michigan, 
^Minnesota, Montana, Oregon, Utah, Washington and Wis- 
consin the setting aside of state lands for forestry purposes is 
provided for by law. A California law, enacted manj'- years 
ago, provided that whatever funds should be acquired by 
the state under a certain claim against the United States- 
should be used for the acquisition of state forests. 



220 FOREST LAW IN AMERICA 

Nurseries, Demonstration Forests and Parks. In 

Indiana and Nebraska, in addition to a nnmber of the 
states above mentioned, lands may be acquired for forest 
nursery and forest demonstration purposes. In California, 
Massachusetts, Minnesota, Montana, New Jersey, New 
York and Wisconsin the forestry officials are given partial 
or full jurisdiction over state parks. 

Preservation of Trees as Water Conservators. In Ne- 
vada the cutting of timber of certain species and sizes from 
water sheds is forbidden, and in Colorado and Idaho and 
Utah trees must not be cut from state lands if needed to con- 
serve the water supply. In Montana trees less than eight 
inches in diameter at twenty feet from the ground must 
not be cut from state land. 

STATE ASSISTANCE TO INDIVIDUALS AND COR- 
PORATIONS IN FOREST EXTENSION AND CON- 
SERVATION 

Legislative Encouragement of Private Forestry. 

Several of the western states in which laws for the enact- 
ment of tree planting were enacted between 1860 and 1890 
no longer had such laws at the close of 1916. However, 
laws providing either for the payment of bounties or for 
the exemption of property from taxation as a reward for 
tree planting were still in effect in Illinois, Iowa, Minne- 
sota, Nebraska, North Dakota (amended in 1905 and 1907). 
South Dakota (amended in 1909 and 1913), Washington 
and Wyoming. 

The tax exemption laws directed to the reestablishment of 
forest areas enacted in Connecticut, Maine, Massachusetts 
and Rhode Island in the seventies were followed by amend- 
ments in those states and by similar enactments in Pennsyl- 
vania, Indiana, New Hampshire, Vermont, Iowa, Wiscon- 
sin, Alabama and Louisiana between 1880 and 1910. Al- 
though these laws all contemplated the restoration of 
forest gi'owth to areas formerly forested rather than the 
establishment of woodlots within regions naturally treeless, as . 
did the bounty and exemption laws in the states previously 
mentioned, the underlying conception as to the results to be 



SUMMARY OF STATE FOREST LEGISLATION 221 

attained and the provisions as to the methods to be pur- 
sued were generally very similar to the laws for the affores- 
tation of areas within the prairie and plains region. 

Between 1910 and 1916 laws were enacted in Connecticut, 
Massachusetts, Michigan, New York, Pennsylvania, and 
Vermont which exhibit a broader conception of the possi- 
bilities of the production of forest crops on private lands and 
which recognize more fully the fact that forest producing 
areas are entitled to a different classification from other 
lands for purposes of taxation. These laws provide for a 
long period of fixed valuation for taxation purposes with a 
tax upon the yield when the timber is cut in addition to the 
relatively hght land tax during the period of fixed assessment. 

In Massachusetts and New Hampshire laws have been 
enacted providing that private lands, which may be ac- 
quired by the state for forest improvement purposes, maybe 
repurchased by the former owners at the close of ten years 
by the payment of all sums expended thereon by the state 
with interest upon the same at four per cent. In North 
Carolina private owners of forest land lying at an elevation 
of two thousand feet or more above sea level may apply to 
the governor for the classification of such land as "state 
forest." If the governor so designate the land it is given 
protection, at the expense of the owner, by special state 
appointees, is required to pay a county school tax of one- 
half cent per acre, and is managed under a plan formulated 
by the state geological survey. 

Legislative Encouragement to Municipal Forestry. 

In Indiana, Massachusetts, Minnesota, New Hampshire, 
New Jersey, New York, Pennsylvania, Vermont and Wis- 
consin legislative provision has been made for the acquisi- 
tion and maintenance of forests by cities, towns and other 
municipalities as a means of deriving a revenue for govern- 
mental purposes. In Illinois there is a very comprehensive 
law for the establishment of forest districts for esthetic and 
recreational purposes, while a number of states have made 
special or general provision for forested recretaion parks. 

Distribution of Forest Trees for Private and Munici- 
pal Planting. In Kentucky, Maryland, Massachusetts, 



222 FOREST LAW IN AMERICA 

New Hampshire, New York, North Dakota, Pennsylvania, 
Vermont and Virginia provision has been made by law for 
the distribution of young trees, gTown in state nurseries, 
to residents of the state or municipalities at cost or upon 
terms to be fixed by state forest officials. 

Cooperation by the States in Forestry Activities. 

In nearly every state having a forestry organization there 
is legislative provision for the cooperation of the state offi- 
cials with counties, towns, cities, corporations and individ- 
uals in the furtherance of all forestry interests within the 
state; in several there is express authority for cooperation 
with the federal government, especially as to investiga- 
tions and fire protection; in a few (e. g. Minnesota) provi- 
sion has been made for cooperation with other states; and 
in Washington cooperation with the Dominion of Canada 
is authorized. 

No action by state legislatures was necessary for the 
placing of more than one hundred fifty million acres within 
public-land states in the status of National Forest. To 
authorize the establishment of National Forests within states 
that never contained federal public land, or that no longer 
had such lands suitable for forest purposes, laws providing for 
the acquisition of National Forests have been enacted in Ala- 
bama, Georgia, Kentucky, Maine, Maryland, New Hamp- 
shire, North Carolina, Pennsylvania, South Carolina, Tenn- 
essee, Virginia and West Virginia. Laws specifically 
authorizing cooperation with the federal government in 
fire protection have been enacted in Connecticut, Ken- 
tucky, Minnesota, New Hampshire, Virginia, Washington, 
West Virginia and Wisconsin, and cooperation has been 
effected under general laws in a dozen other states. 

RESTRICTIONS DIRECTED TO THE PREVENTION 
OF FOREST FIRES 

Closed Seasons for the Setting of Fires in the Open. 

Laws forbidding the setting of fires in proximity to marshes, 
prairies or woodland and during certain portions of the year 
date from the early colonial period. Subsequent to the in- 



SUMMARY OF STATE FOREST LEGISLATION 223 

stitution of a national government new laws of this char- 
acter were enacted in many of the original states and in the 
newly admitted states. Early laws of this character are 
still in force in Alabama, Florida, Georgia, Illinois, Iowa, 
Kansas, Nebraska, North Dakota, and South Dakota. A 
notice to one's neighbors in advance of the firing of the woods 
marshes or prairies, as a means of escaping a penalty or 
full liability for all damages caused, is required in Alabama, 
Arkansas, Delaware, Florida, Georgia, Illinois, Michigan 
(north of the 44th parallel of latitude), Nebraska, Ne- 
vada, North Carolina, North Dakota, Oklahoma, Oregon, 
South Dakota and Tennessee. Open fires set in Idaho, 
New Jersey and Pennsylvania (near producing gas or oil 
wells) must be watched. ^ 

Recent Laws Authorize Burning under Permits. 

In the states in which laws fixing closed seasons for burning 
have been enacted since the rise of the forest conservation 
movement, provision is ordinarily made for a burning dur- 
ing such season through the issuance of permits by state, 
county or town officials. Such permits are issued in Con- 
necticut, Idaho, Massachusetts, Michigan, Minnesota, New 
Hampshire, New Jersey, New York, Oregon, Pennsylvania, 
Rhode Island, Washington, and Wisconsin. 

Separate closed seasons in the spring and autumn extend 
from March 15 to June 1 and from September 15 to Novem- 
ber 15 in Connecticut; from April 1 to May 20 and from 
September 10 to November 10 in Pennsylvania. The 
closed season extends from March 1 to December 1 in Mass- 
achusetts, from April 1 to November 1 in New Hampshire, 
from July 1 to October 1 in Idaho, Oregon, Washington, and 
from April 1 to December 1 in Rhode Island. In Minne- 
sota, New Jersey and New York the entire year is closed, 
while in Michigan and Wisconsin each township board 
may declare a closed season whenever danger from fire is 
considered by them unusually great. 

The closed season is applicable in New York only to the 
fire towns in the Adirondack and Catskill regions, and in 



1. A provision of this kind in chapter 397 of the Session Laws of Tennessee of 
1907 was evidently repealed by chapter 152 of the laws of 1915. 



224 FOREST LAW IN AMERICA 

Pennsylvania only to regions in which there are producing 
oil and gas wells. The Connecticut and Massachusetts 
laws except the burning of material along railroad rights 
of way and domestic or agricultural refuse at a distance of 
two hundred feet from forest land, or the maintenance 
of fires on sandy or barren land, under proper precautions, 
by persons over eighteen years of age. The Rhode Island 
law allows the burning of domestic, agricultural and rail- 
road refuse within one hundred feet of forest land. In 
Oregon permits maj^ be issued by county judges, as well as 
forest wardens, and the law is not applicable to fires set 
under proper precautions and control for the burning of 
small quantities of material in the clearing of land; though 
the escape of such a fire to the damage of another is declared 
to constitute presumptive evidence of a violation of the 
law. The Washington law is so stringent as to forbid, ap- 
parently any burning in the open during the closed season 
without a permit and it requires the cutting down of all 
dead trees over twenty-five feet in height before an area is 
fired under a permit. 

The Extinguishment of Camp Fires. The total 
extinguishment of camp fires before leaving them, if in the 
vicinity of forest or brush land, is required in Connecticut, 
California, Colorado, Idaho (August 1 to May 15), Kansas, 
Louisiana, Maine, Massachusetts, Michigan, Minnesota, 
Missouri, Montana, Nebraska, Nevada, New York, North 
Carolina, North Dakota, Oklahoma, Oregon, South Da- 
kota, Tennessee, Vermont, Washington (during the closed 
season). West Virginia, Wisconsin and Wyoming. 

The Suspension of the Hunting Season. In Con- 
necticut, Maine, Massachusetts, New Hampshire, New 
York (within the fire towns) Oregon, Vermont and Wash- 
ington the governor may in periods of drought suspend 
the hunting season. During such period the building of 
fires or the discharging of a firearm within forested re- 
gions thus closed is unlawful. 

The Clearing of a Space for a Fire. Several states 
require the clearing away of all inflammable material 



SUMMARY OF STATE FOREST LEGISLATION 225 

for a prescribed distance before a fire is set in the open. 
Such provisions exist in Alabama, Cahfornia, Colorado, 
Connecticut, Delaware, Kentucky, Maryland and Minne- 
sota. 

The Setting of Fires by Gun-wads, Matches or Burn- 
ing Tobacco. In a number of states the setting of fires 
by combustible gun- wads, or by the dropping of burning 
matches, cigars, cigarettes, or other burning material is 
declared to render the offender subject to the penalties 
of the law against the setting of fires in forest, brush or 
prairie land. Such provisions exist in Connecticut,' Idaho, 
Louisiana, Minnesota, New Hampshire, New York, Oregon 
and Washington. 

General Provisions for the Prevention of Forest 
Fires. Within Connecticut, California, Maine, New Hamp- 
shire, Oregon and West Virginia it is unlawful to kindle a 
fire upon the land of another without his permission, ex- 
cept to check a fire already burning. The Oregon law is 
applicable to uninclosed land only when due notice is 
given that the owner forbids the building of fires. Maine 
and Colorado require non-residents camping within forested 
districts to employ local wardens or registered guides who 
are required to guard against the escape of fires. In Massa- 
chusetts there are special restrictions as to the setting of 
fires in particular localities by unnaturalized citizens, or 
the burning of charcoal in certain localities during a speci- 
fied period. In Idaho, Minnesota, Pennsylvania and South 
Carolina, the carrying of a naked torch or fire-brand on or 
near public forest land or that of another has been for- 
bidden. In Maryland, New Hampshire and New Jersey, 
persons discovering forest fires are required to extinguish 
or report them. Special measures to prevent the setting 
of fires along highways or to facilitate the use of highways 
as fire lines have been adopted in California, Connecticut, 
Kansas, Nebraska, New Jersey, North Dakota and South 
Dakota. In Minnesota the creation of fire lines for the 
protection of cities and villages especially exposed to 
forest fire danger is required and appropriations are made 
for fire lines in the northern counties. New York, Ver- 
mont and other states have made specific provision for the 



226 FOREST LAW IN AMERICA 

employment of watchmen by the state, Rhode Island has 
provided for the payment of the salaries of look-out men 
in equal shares by the state and the town protected; and 
New Hampshire has even authorized the condemnation of 
land for look-out sites. Massachusetts, New Hampshire 
and Vermont have specifically provided for the payment by 
the state of expenses connected with conferences of fire 
wardens. The releasing of fire-balloons is unlawful in Massa- 
chusetts or in the fire towns or adjacent towns of New 
York and the sale of them is unlawful in Pennsylvania. 
In Washington all dead trees within a radius of twenty- 
five feet of each setting of a donkey logging engine must 
be cut down, a watchman kept on duty for two hours 
after the operation of such engine ceases, and special pre- 
cautions in the burning of mill refuse must be exercised. 

PROVISIONS FOR THE DISPOSAL OF LOGGING 

DEBRIS 

The Disposal of Slash in Cutting Operations. 

Although it has been recognized for many years that one 
of the most prolific sources of destructive forest fires con- 
sisted of the brush, tops and other debris left by loggers, 
only within recent years has public opinion become suffi- 
ciently aroused to enforce measures for the protection of 
the public from this menace. 

The New York law now requires a lopping of the bran- 
ches from all tops, to a point where the size of the top does 
not exceed three inches, after all cutting operations mthin 
the "fire towns" of the forest preserve regions, unless the 
conservation commissioner shall have, before the trees are 
cut, authorized a different disposition. The Minnesota 
law requires that notice of lumbering operations shall be 
given the state forester in advance of their commencement 
and authorizes him and district rangers to require, under 
penalty of a fine, such disposition of the slash as shall be 
deemed necessary for the protection of surrounding areas. 
Upon failure of a logger to care for the slash, the same may 
be disposed of by the state at the expense of the one re- 
sponsible for the disposal of it. The Idaho law requires the 
disposal of all branches and refuse over four inches in diame- 



SUMMARY OF STATE FOREST LEGISLATIOIST 227 

ter in such manner as the district fire warden may direct, 
and the Montana law requires a proper disposition of all 
debris resulting from cutting operations on state lands. 
In Michigan the forest, fish and game wardens may enter 
private lands to dispose of inflammable material that 
constitutes a fire menace. In Washington the felling of 
trees so that the tops lie within green timber belonging ta 
another is unlawful. 

The Disposal of Slash Along Highways, Rail- 
roads, etc. A proper disposition of the slash resulting 
from lumbering operations is required adjacent to: (a) 
highways in Connecticut, (b) highways, railroads or the 
woodland of another in Massachusetts, (c) railroads in 
New Hampshire, (d) highways or railroads in Maine and the 
"fire towns" of New York, (e) the watershed of any town or 
city water supply in North Carolina, (f) producing oil or 
gas wells, or railroads in such regions in Pennsylvania. In 
Maine, Minnesota, Oregon and Washington all debris result- 
ing from the building of roads, trails or railroads through 
forest land must be disposed of properly. 

The treatment of Slash as a Nuisance. In Cali- 
fornia, New Jersey, Oregon and Washington these are sta- 
tutes providing that any area upon which slash has been 
left and which is inadequately protected may be declared to 
constitute a public nuisance. If, subsequent to a determina- 
tion by forest officials that any area is a nuisance and after due 
notice, the one responsible for such condition fail or refuse 
to abate the same or to guard adjacent property from danger ; 
the dangerous area may be patrolled (in New Jersey) 
or abated by state officials at the expense of the one re- 
sponsible for the nuisance. 

LEGISLATION REGARDING THE OPERATION OF 
RAILROADS AND STATIONARY ENGINES 

Development of Such Legislation. The advent of 
the raih'oad locomotive in America was followed promptly 
by a legislative recognition of the unusual danger of the 
communication of fire therefrom to property adjacent to 



228 FOREST LAW IN AMERICA 

the track. The early laws making railroad operators 
liable for fire damage caused by locomotives, which often 
declared the communication of a fire to constitute prima 
facie evidence of negligence in the operation of the locomo- 
tive, were followed by others affording railroads an insur- 
able interest in the property for which they were made 
hable. Some of the earlier laws made the railroad operators 
liable irrespective of the question of negligence (e. g. Iowa, 
Massachusetts, and New Hampshire) and in recent years 
this attitude has been announced in several state statutes 
(e. g. Arkansas, Ohio and Virginia). The settlement of the 
prairie and plains states of the middle west was followed 
by the enactment of laws requiring the removal of grass 
and other inflammable material or the -plowing or burning 
of fire guards along railroad rights-of-way. The rise of 
the forestry movement at the close of the nineteenth cen- 
tury was marked by the enactment of laws of this character 
in timber regions. In the same period, laws requiring spark 
arresters on smoke stacks and suitable devices to prevent 
the communication of fires from fire-boxes and ashpans 
also became common. In several states laws have been 
enacted to require the inspection of locomotives and the 
rejection of defective ones by state officials. In a few a 
patrol of the right of way is required and in Maine the 
windows of smoking cars, operated through the forestry 
district, must be screened. The burning of oil in locomotives 
on day trains, during all periods of fire danger from April 
15 to November 1, is required within the Adirondack for- 
est preserve in New York. 

Spark Arresters on Smoke Stacks. The use of 

spark arresters during the dry season upon locomotives, 
not burning oil, operated through forest regions, is required 
in Alabama, California, Colorado, Connecticut, Delaware, 
Idaho, Kentucky, Maine, Maryland, Massachusetts, Mich- 
igan, Minnesota, New Hampshire, New Jersey, New York, 
(in "fire towns" only), Ohio (except in December, January 
and February), Oregon, Pennsylvania (in oil and gas pro- 
ducing regions), (Tennessee) ^ Virginia, Washington, West 



1. Provision astolo ;ging lo'omottves in Chapter 307 of 1907 evidently repealed by 
Chapter 152 of 1915. 



SUMMARY OF STATE FOREST LEGISLATION 229 

Virginia and Wisconsin, and upon stationary engines or 
boilers in Alabama, California, Delaware, Idaho, Kentucky, 
Maiyland, Michigan, Minnesota, New Hampshire (on 
portable saw mills only). New York (in fire towns only), 
Oregon, Virginia, Washington and Wisconsin. 

Boats using wood as fuel on navigable waters of Michi- 
gan must have suitable spark arresters. 

Devices on Fireboxes and Ashpans. Suitable devices 
upon fu'e boxes and ashpans of locomotives are required in 
Alabama, California, Colorado, Connecticut, Delaware, 
Kentucky, Maine, Maryland, Minnesota, New Hamp- 
shire, New Jersey (in general terms). New York, Pennsyl- 
vania (in oil and gas regions), Washington, West Virginia 
and Wisconsin; and upon other engines and boilers in Ala- 
bama, California, Delaware, Kentucky, Maryland, Minne- 
sota, New York (in fire towns only), Washington and 
Wisconsin. 

Inspection and Rejection of Locomotives and Boil- 
ers. In Maine, Massachusetts, Minnesota, New Hamp- 
shire, New York, Oregon, Washington and Wisconsin pro- 
vision is made for an inspection of appliances for the pre- 
vention of the setting of forest fires, and in Minnesota, 
New York, and Wisconsin the use of defective locomotives, 
engines or boilers after their rejection by state officials is a 
misdemeanor. In Ohio and Oregon the use of a locomotive 
(or stationary engine in Oregon) which is not properly 
equipped may be enjoined by resort to the courts. In 
practically every state requiringthe use of protective devices, 
the operation of a locomotive or other engine without proper 
equipment may be punished by a fine. 

The Deposition of Live Coals or Ashes. In Idaho, 
Louisiana (does not apply within rails), Mame, Massa- 
chusetts, Michigan, Minnesota, New Jersey (in general 
terms), New York, Pennsylvania (in oil and gas regions 
only), (Tennessee), ^ Washington, West Virginia and Wis- 
consin the depositing of fire, hve coals or ashes along the 



1. Provision in Chapter 397 of 1907 probably repealed by Chapter 152 o fl915. 



230 FOREST LAW IN AMERICA 

right of way within or near forest land by railroad employees 
is forbidden under penalty of a fine. There are similar 
provisions as to threshing engines in California and Michi- 
gan. 

The Clearing of Inflammable Material from Rights 
of Way. In Colorado, Idaho, Illinois, Kentucky, Louisi- 
ana, Maine, Massachusetts, Michigan, Minnesota, Missouri, 
Montana, Nebraska, New Mexico, New York, North Dakota, 
Ohio, Oregon, Pennsylvania (in oil and gas producing re- 
gions), Virginia, West Virginia, Wisconsin and Wyoming 
there are laws requiring the removal of inflammable material 
from the rights of way of railroads once or twice annually. 

The laws in Colorado, Illinois, Kentuckj^ Missouri, 
Nebraska, New Mexico, North Dakota, Ohio, Virginia, and 
Wyoming were not primarily directed to the prevention of 
forest fires and the requirement as to clearing is not hmited 
to forest lands. If a railroad fails to comply with the law 
in Missouri the owner of adjacent land may clear away the 
material and collect double the cost, in Ohio he may collect 
single cost, and in Oregon the clearing may be done by the 
state forester and the cost collected for the state. East of 
the Cascades in Oregon rights of way must be mowed an- 
nually, and the cost of mowing may be collected by an ad- 
jacent owner. In Oregon, Wisconsin and Wyoming the 
railroad operators may be reheved from such clearing in 
places where it is considered unnecessary as a means of 
protection; while in Maine and Minnesota all burning of 
old ties or other material along railroad rights of way 
may be forbidden in dangerous periods. In North Carohna 
care in burning along a railroad right of way is required 
under a general statute. 

The Construction of Fire-breaks Adjacent to 
Rights of Way. In Colorado, IMinnesota, Montana, New 
Mexico, South Dakota and Wyoming the construction of 
fire breaks adjacent to railroad rights of way is authorized 
or required and under recent laws in Massachusetts, New 
Hampshire and Rhode Island railroad operators are author- 
ized, under the supervision of state officials, to enter private 



SUMMARY OF STATE FOREST LEGISLATION 231 

lands adjacent to their rights of way, for the purpose of 
remoAdng inflammable material. The New Jersey law of 
April 12, 1909 requiring the construction of fire-breaks 
adjacent to railroad rights of way without compensation 
to the adjacent owners has been declared unconstitutional. 

The Patrol of Rights of Way. A patrol of railroad 
rights of way may be required in dangerous seasons in Maine 
(in forestry district), Minnesota, New Hampshire, New 
Jersey, New York, Pennsylvania (in oil and gas regions), 
Washington, West Virginia and Wisconsin. ^ 

SYSTEMS OF FOREST FIRE CONTROL 

Direction of Control by the State. In California, 
Connecticut, Kentucky, Louisiana, Maryland, Massachu- 
setts, Minnesota, Montana, New Hampshire, New Jersey, 
North Carohna, Oregon, Texas, Vermont, and Washington, 
the state forester is charged with the supervision of forest 
fire control. However, in Massachusetts and New Jersey a 
state fire warden is in direct charge. In Idaho the state 
land commissioners, in Maine the forestry commissioner, in 
New York the superintendent of forests, in North Dakota 
the state forest warden, in Pennsylvania the bureau of 
forest protection, in Rhode Island the commissioner of 
forestry, in South Dakota the forest supervisor and in 
Wisconsin the forestry member of the conservation com- 
mission has charge of forest fire protection. In Michigan, 
Tennessee and West Virginia the direction of forest fire 
control is vested in the state forest, fish and game commis- 
sioner, which officer is subject to the direction of the Pub- 
lic Domain Commission in Michigan. 

In all of the above named the state not only pays the 
salaries of the officials engaged in fire prevention work 
but also pays a large part or all of the expense of controlling 
fires, at least within such portions of a state as are devoted 
especially to forestry purposes. Thus in Louisiana the 
whole expense of maintaining the state forestry depart- 



1. For citations of railroad fire prevention acts in the various states see "Tlie 
Essentials of American Timber Law, Kinney, p. 121. 



232 FOREST LAW IN AMERICA 

ment, including fire protection expense, is paid from a 
special forestry fund derived from a license tax on forest 
products. Within the "forestry district" of Maine the state 
pays all expense from a special tax levied within the said 
district; within the area north of township twenty north in 
Michigan, one- third; within "fire towns" of the forest pre- 
serve counties of New York, one half. The state pays four- 
fifths of fire control in Pennsylvania, two-thirds in Oregon 
and Washington, and one-half in Connecticut, Maryland, 
New Hampshire, New Jersey and Rhode Island. In Massa- 
chusetts one-half of the amount expended by local com- 
munities for fire breaks or apparatus for fire prevention is 
refunded from state appropriations. 

Local Control with General State Supervision. In 

Alabama, California, Colorado, Delaware, North Carolina, 
North Dakota, Virginia and West Virginia there is a certain 
amount of state supervision but the expense of fire control 
is borne by the counties or individuals interested. 

The duty of controlling forest fires is vested: for Ala- 
bama, in county game and fish wardens, sheriffs and other 
county officers ; for California, in wardens appointed by the 
state forester at the request and expense of counties and 
individuals; for Colorado, in sheriffs and their deputies 
for North Carolina, in township and district wardens ap- 
pointed by the state forester at local expense; for North 
Dakota, in county supervisors or commissioners; for Vir- 
ginia, in wardens appointed by the state geological survey; 
and for West Virginia, in local deputy fish and game wardens. 

Local Control without State Supervision. In a 

number of states the cost of fire control is met entirely from 
local funds without state supervision. Such is the case in 
Indiana, Iowa, Maine (outside the "forestry district"), 
Michigan (south of township twenty-one north). New York 
(outside the "fire towns"), Ohio, South Carolina (board of 
assessors to control), Utah (sheriffs to control), and Wis- 
consin (town officials control, but special wardens paid 
by state and county in equal shares.) 

General Provisions as to Control. In Alabama, Cali- 



SUMMARY OF STATE FOREST LEGISLATIOi^ 233 

fornia, Colorado, Connecticut, Idaho, Indiana, Iowa, Maine, 

Maryland, Massachusetts, Michigan, Minnesota, Montana, 
New Hampshire, New Jersey, New York, North Carolina, 
North Dakota, Ohio, Pennsylvania, Rhode Island, South 
Carolina, South Dakota, (Tennessee) \ Vermont, Washing- 
ton, West Virginia and Wisconsin there is now specific 
legislative authority for the requiring of the services of 
citizens and property in the controlling of existing fires and 
in many of these states (e. g. Connecticut, Idaho, Maine, 
Massachusetts, Michigan, Minnesota, New Hampshire, 
New Jersey, New York, North Carolina, Oregon, Penn- 
sylvania, Rhode Island, Vermont and Washington) a 
patrol in times of unusual danger is authorized. In Oregon, 
private owners may be required to exercise a patrol equal 
to that maintained by one half of the timberland owners in 
the locality. Residence of an owner m the immediate vi- 
cinity of the land is deemed a sufficient compliance with the 
Oregon requirement as to a patrol. 

The power to arrest offenders detected in the violation of 
state forest laws is vested in specially-appointed forest 
officers or in game wardens, sheriffs, or other executive or 
judicial officers in Alabama, California, Colorado, Con- 
necticut, Idaho, Maine, Maryland, Massachusetts, Michi- 
gan, Minnesota, Montana, New Hampshire, New Jersey, 
New York, North Carohna, Oregon, Pennsylvania, Rhode 
Island, Tennessee, Vermont, Virginia, Washington, West 
Virginia and Wisconsin. 

LIABILITY FOR FIRE DAMAGE AND PENALTIES 
FOR VIOLATIONS OF FOREST LAW 

Civil Liability for Fire Damages. Under the common " 
law any one who Avilf ully or negligently sets a fire on the 
land of another or allows one to escape from his own land 
may be required to respond in damages for the injury 
caused. In many American states the common law has 
been supplemented by statutes declaring that such persons 
shall be liable for all dmages, and in several the law pro- 



1. Chapter 397 of 1907 probably repealed by Chapter 152 of 1915. 



234 FOREST LAW IN AMERICA 

vides for multiple civil damages (e. g. California, Michi- 
gan, Missouri, Nevada and Oregon). 

In determining the damage suffered through the injury 
of trees by fire, coiu-ts have admitted evidence as to the 
value of the trees as protectors of the land or other trees 
and even as to the cost of reproducing them artificially. ^ 

Statutes specifically provide that fire damage may in- 
clude: injury to the land and vegetation in California and 
Oregon; the value of the trees as conservators of water and 
as a benefit to other trees in Colorado; and the cost of pro- 
ducing trees artificially in Louisiana. 

In Maine any one injured by a fire because of the neglect 
of the selectmen to perform their duty is given a specific 
right of action against the town for the damages, sufi'ered. 

In recent years several states have enacted laws that allow 
the state, municipality or private individual to recover, 
from the party responsible for a forest fire, the cost of ex- 
tinguishing or combatting the fire, in addition to the ac- 
tual damages suffered. There are provisions of this char- 
acter in CaUfornia, Delaware, Kentucky, Louisiana, Mary- 
land, New York, Oregon, Yirginia, West Virginia, and Wis- 
consin. In New Jersey the commission of Conservation 
may permit an offender to pay to the state the cost of ex- 
tinguishing a forest fire in heu of the prescribed penalties, 
if the setting of the fire was not willful or malicious. In Conn- 
ecticut, Massachusetts, Minnesota and New Hampshire rail- 
road operators have specifically been made liable for the cost 
of extinguishing a fire set by them or their employees, in 
addition to other damages. 

Criminal Liability for Forest Fires. In every Ameri- 
can state there ax'e now penalties for the willful or maheious 
fiiring of the woods, marshes or prairies and in most states it 
is a misdemeanor to negligently permit a fire to spread so 
as to injure or endanger the property of another. ^ The 
statutes are construed strictly, but there has been a de- 
cided tendency in recent years to make such laws more 



1. See cases cited pp. 74 to 77 of "The Essentials of American Timber Law." — 
Kinney. 

2. For citations of statutes see "The Essentials of American Timber Law" Kinney, 
pp. 118 and 119. 



SUMMARY OF STATE FOREST LEGISLATION 235 

comprehensive as a means of preventing the careless setting 
of fires. Most laws now pro^dde for maximum and mini- 
mum fines and for imprisonment. 

Penalties for the Violation of Various Forest Laws. 

Nearly all of the laws imposing restrictions as to the build- 
ing of fires, disposal of slash, operation of railroads, etc., 
provide for the imposition of fines for violations of their 
pro\dsions. The willful destruction of fire warning notices 
is punishable by a fine in California, Colorado, Connecti- 
cut, Idaho, Louisiana, Maine, Massachusetts, Maryland, 
Michigan, Minnesota, Montana, New Jersey, New York, 
North Carolina, Oregon, Pennsylvania, Rhode Island, 
Vermont, Washington and Wisconsin and in New York any 
willful interference with fire protective supplies is a specific 
offense. In many states informers are allowed moieties of the 
fines collected. In a majority of the states the net collec- 
tions are covered into the general fund of the state ; but in a 
few they are credited to a special fund for school or forestry 
purposes. 



CHAPTER VII 

Federal Leg-islation for the Protection and Ad- 
ministration of the Forests Belonginc^ to the 
United States Enacted prior to January First 
Nineteen Hundred Seventeen 

LEGISLATION DIRECTED TO THE MAINTENANCE 
OF A SUPPLY OF TIMBER FOR NAVAL PURPOSES 

During the Revolutionary War and the succeeding period 
of the Confederation the relationship of the American States 
was not such as to promote the establishment of a national 
navy. 

The repeated depredations of Algerine pirates upon Amer- 
ican merchant vessels subsequent to the adoption of the 
Constitution led to a demand for a national navy, and by 
act of March 27, 1794 (1 Stat. L., 350), Congress authorized 
the President to provide, by purchase or otherwise, four 
ships of forty-four guns each and two of thirty-six guns 
each. This was followed by supplementary acts of April 20, 
1796 (1 Stat. L., 453), July 1, 1797 (1 Stat. L., 523) and 
April 27, 1798 (1 Stat. L., 552). The latter act which was 
prompted mainly by the aggressions of the French navy 
upon American merchantmen, authorized the President to 
build, purchase or hire not exceeding twelve vessels carry- 
ing not over twenty- two guns each. 

An act of April 30, 1798 (1 Stat. L., 553), established a 
new executive department, the chief officer of which was 
to be called the Secretary of the Navy. A part of the Sec- 
retary's duty was defined to be the procurement of naval 
stores and equipment and the construction of vessels of war. 

The building of the vessels authorized by these early 
acts served to impress upon government officials the neces- 
sity of making provision for a future supply of timber suita- 

236 



FEDERAL LEGISLATION PRIOR TO 1875 237 

ble to the purposes of national defense and by an act of 
February 25, 1799 (1 Stat. L., 622), Congress appropriated 
two hundred thousand dollars for the purchase of timber 
or of lands on which timber suitable for purposes of naval 
construction was growing and for the preservation of such 
timber for future uses. Under authority of this act the 
President purchased two islands off the coast of Georgia. 
These were Grover's Island, comprising about 350 acres, 
purchased December 13, 1799, for a consideration of seven 
thousand five hundred dollars, and Blackbeard's Island, 
with an area of 1,600 acres, purchased in April of the fol- 
lowing year for fifteen thousand dollars. 

Foreign relationships becoming more amicable presently, 
on March 3, 1801 (2 Stat. L., 110), Congress authorized a 
retrenchment in the naval establishment to a peace basis 
in which only six frigates should be retained in constant 
service. Two years later — April 30, 1803 — France ceded 
to the United States the vast domain known as Louisiana. 
It is probable that the assurance in the minds of govern- 
ment officials that there were abundant supplies of timber 
near the mouth of the Mississippi, as well as the lack of 
interest in naval armament, tended to delay any further 
proposed purchases of timber land under the act of Febru- 
ary 25, 1799. 

This national apathy was soon disturbed. In 1812 the 
second war with Great Britain came and the navy was, 
of necessity, greatly increased. ^ So brilliant was the 
success of the American navy in this war and so convinced 
was the nation of the advantage of maintaining an effi- 
cient navy as a means of national defense, that an act of 
April 29, 1816 (3 Stat. L., 321), passed after the close of 
the war, contemplated a gradual increase of the navy and 
carried an appropriation of one million dollars per annum for 
a period of eight years. Thus the United States entered 
upon a definite policy of naval expansion. 

But in those days ships were made only of wood and 
this policy of navy building raised again the question of 
supplies. The result was that an act of March 1, 1817 



1. See Acts of March 30, 1812 (2 Stat. L., 699); January 2, 1813 (2 Stat. L., 789); 
April 18, 1814 (3 Stat. L., 139); and November 15. 1814 (3 Stat. L., 144). 



238 FOREST LAW IN AMERICA 

(3 Stat. L., 347), required the Secretarj^ of the Navy, 
under the direction of the President, "to cause such va- 
cant and unappropriated lands of the United States as 
produce the live oak and red cedar timbers to be explored 
and selection to be made of such tracts or portions thereof, 
where the principal growth is of either of the said timbers, 
as in his judgment may be necessary to furnish for the 
navy a sufficient supply of the said timbers," The Secre- 
tary w^as authorised to appoint an agent or agents and a 
surveyor to examine and select tracts, their report to be 
subject to approval in whole or in part by the President. 
The tracts finally selected by the President were to be re- 
served from sale as public lands, unless otherwise directed 
by law, and be appropriated to the sole purpose of supply- 
ing timber for the navy of the United States. 

Section two of this act imposed a fine of not over $500 
and imprisonment for not over six months for the offense 
of cutting or removing any timber of any kind from the 
lands so reserved, or that of cutting or removing any live 
oak or red cedar from any other public lands of the United 
States with the intent of disposing of it for transportation 
to any port or place within the United States or for expor- 
tation to any foreign country. Section three provided for 
the forfeiture of any vessel, the master, owner or consignee 
of which should knowingly take on board any timber cut 
or removed from lands of the United States contrary to 
the provisions of section two, and section four imposed a 
forfeiture of one thousand dollars upon the captain or 
master in addition to the forfeiture of the vessel, if such 
timber were exported to a foreign country. Section five 
required that all penalties and forfeitures under the act be 
collected and distributed as under section 91 of a general 
impost act of March 2, 1799 (1 Stat. L., 697), and provided 
for a mitigation in the discretion of the Secretary of the 
Treasury as under Section 1 of an act of March 3, 1797 
(1 Stat. L., 506). 

An act of May 15, 1820 (3 Stat. L., 607), repealed the 
provision in the act of March 1, 1817, authorizing the ap- 
pointment of an agent or agents and a surveyor by the 
Secretary of the Navy, and devolved the duties of such 



FEDERAL LEGISLATION PRIOR TO 1875 239 

officials upon surveyors of the public lands who should be 
designated by the President. 

On February 22, 1819, at Washington, the treaty by which 
Spain ceded Florida to the United States was signed by 
the accredited representatives of the two nations. There 
were valuable stands of live oak in Florida, and depreda- 
tions were common. February 23, 1822 (3 Stat. L., 651), 
Congress authorized the President to employ so much of 
the land and naval force of the United States as should be 
necessary to effectually prevent the cutting and carrying 
away of the timber of the United States in Florida, and to 
take such other measures as he should deem advisable for 
the preservation of such timber. 

An agent of the government who had been appointed in 
1825 to investigate the resources of Florida as to timber 
supplies for the navy, reported that live oak was being ex- 
ported in considerable quantities from eastern Florida. 
As a result of his report the Secretary of the Navy, in Jan- 
uary, 1827, recommended the purchase of timberland, the 
reservation of timberland, the purchase of large quantities 
of timber, and the planting of trees on land already owned 
by the government. 

By act of March 3, 1827 (4 Stat. L., 242), Congress ap- 
propriated five hundred thousand dollars per annum for a 
period of six years for the purpose of gradually improving 
the navy. Section three of this act authorized the Presi- 
dent to take proper measures to preserve the live oak tim- 
ber growing on the lands of the United States and to re- 
serve from sale such lands as should be found to contain 
live oak or other timber in sufficient quantity to render the 
same valuable for naval purposes. An attempt at the cul- 
tivation of live oak was made under this act. The use of 
ten thousand dollars of the amount appropriated for the 
improvement of the navy under the act of March 3, 1827, 
in the purchase of lands suitable for a supply of live oak and 
other timber for the navy was authorized on March 19, 
1828 (4 Stat. L., 256). 

The need of protecting the timber on the lands reserved 
and purchased was apparent, and an act of March 2, 1831 
(4 Stat. L., 472), imposed a fine of not less than three times 



240 FOREST LAW IN AMERICA 

the value of the timber and imprisonment for not exceeding 
twelve months upon any one who should cut, wantonly 
destroy, or remove any live oak, red cedar or other timber 
standing, growing or being on any lands theretofore or 
thereafter reserved or purchased by the United States for 
the use of the navy, unless he be duly authorized to remove 
such timber for the use of the United States. The same 
penalties were to be inflicted upon any one who should cut 
or remove any live oak, red cedar, or other timber from any 
other lands of the United States with intent to export it 
or use it for any other purpose than for the navy of the 
United States. Section two of this act provided for the 
complete forfeiture of any vessel which should take on 
board any timber cut and removed from government lands 
contrary to the provisions of section one, and imposed an 
additional fine of one thousand dollars upon the captain 
or master of any vessel wherein any timber should be thus 
unlawfully transported to a foreign country. This act su- 
perseded section two of the act of March 1, 1817, and has 
remained until today the fundamental law as to the offense 
of cutting, wantonly destroying, or removing timber from 
public lands of the United States. 

An act of March 2, 1833 (4 Stat. L., 646), which was 
additional to the act of March 3, 1827, continued the ap- 
propriation of five hundred thousand dollars per annum 
for another six years. Section three of this act required 
"all collectors of customs within the territory of Florida, 
and the States of Alabama, Mississippi and Louisiana, 
before allowing a clearance to any vessel laden in whole or 
in part with live oak timber, to ascertain satisfactorily 
that such timber was cut from private lands, or, if from 
public ones, by consent of the Navy Department." 

Under authority of these various acts approximately 
twenty-five thousand acres of timberland were reserved 
and purchased in many separate parcels in the States of 
Georgia, Florida, Alabama, Mississippi and Louisiana. 
The government experienced difficulty in preventing tres- 
passes upon these lands by timber thieves and encroach- 
ments by settlers, and before the middle of the nineteenth 
century was reached it was established to the satisfaction 



FEDERAL LEGISLATION PRIOR TO 1875 241 

of government officials that there was no timber of any real 
value to the navy on some of the tracts. On March 3, 1843 
(5 Stat. L., 611), Congress opened to settlement certain de- 
scribed lands which had been reserved in 1832 for their 
supposed value as sources of supply of live oak for the navy. 

The development of a new era in shipbuilding was presaged 
in an act of April 14, 1842 (5 Stat. L., 472), authorizing the 
Secretary of the navy to "contract with Robert L. Stevens 
for the construction of a war-steamer, shot and shell proof, 
to be built principally of iron, upon the plan of said Stevens," 
and one of June 15, 1844, (5 Stat. L., 669), which contained 
an item reading: "for the building of an iron steamer at 
Pittsburgh, Pennsylvania, on Lieutenant Hunter's- plan, 
and now in progress of construction there, one hundred 
thousand dollars." 

On March 3, 1853 (10 Stat. L., 259), the cedar lands which 
had been reserved in Clarke County, Alabama, under the 
act of March 1, 1817, for naval purposes, were opened to 
sale like other public lands. The development of the art 
of building iron ships subsequent to the Civil War removed 
the necessity for maintaining naval timber reserves. March 
3, 1879, (20 Stat. L., 470), Congress authorized the restora- 
tion to the public domain of all such reserves in Florida, 
except the navy yard at Pensacola, which the Secretary 
of the Navy should certify to the Secretary of the Interior 
as no longer needed for naval p urposes. A simlar 
act affecting all tracts within the States of Ala- 
bama and Mississippi was passed March 2, 1895 (28 Stat. 
L., 814). It is understood that certain small tracts within 
the State of Louisiana are still held by the national govern- 
ment in the status of naval reserves. 

Although little interest was manifested in the mainte- 
nance of public timber reserves during the four decades 
following 1850, considerable attention was directed to the 
prevention of timber trespass upon public lands by those 
who had not complied with the very liberal provisions of 
the laws under which title to public lands might be obtained. 
Thus the trespass section in the act of March 2, 1831, was 
supplemented by an act of March 3, 1859 (11 Stat. L., 408), 
and the provisions of these two acts were incorporated in 



242 FOREST LAW IN AMERICA 

the Revised Statutes of 1878 as sections 2461 and 5388, 
respectively. However, the provisions of these sections 
were modified in the interests of actual settlers and local 
residents by an act of April 30, 1878 (20 Stat. L., 46) and 
one of June 3, 1878 (20 Stat. L., 89). On June 4, 1888 (25 
Stat. L., 166) section 5388 of the Revised Statutes was 
amended so as to make its penalties applicable to the 
cutting of timber from lands within Indian reservations.^ 

FEDERAL LEGISLATIVE DEVELOPMENTS BETWEEN 

1875 AND 1900 

With the scientific progress that removed the need for 
governmental reserves to insure an adequate supply of 
timber suitable for shipbuilding came an era of industrial 
development unprecedented in the history of the world. 
The marvelous increase in the amount of timber required 
for domestic enterprises and for foreign exportation sub- 
sequent to 1850 led to a rapid depletion of the more accessi- 
ble supplies of timber in the northern states. However, 
it was not until after the close of the Civil War that any 
general interest was awakened as to the possibility of an 
ultimate exhaustion of timber resources. In the decade 
beginning with the j'-ear 1865 several influential publicists 
pointed out the wasteful manner in which the natural for- 
ests were being exploited, and urged the adoption of means 
for the conservation of existing forests and the extension 
of tree growth in treeless regions and on denuded areas. 

At its annual meeting in August, 1873, the American 
Society for the Advancement of Science arranged for the 
appointment of a committee to present to the Federal 
Congress and the several state legislatures the advisability 
of legislation directed to the extension and preservation of 
forests in the United States. The report which this com- 
mittee prepared was transmitted to the Forty-third Con- 



Cf. Act of Mar. 3, 1875 (18 Stat. L. 481) imposing a penalty for the injuring of trees 
on lands reserved by the U. S. for public purposes. This Act not applicable to 
j)ublir domain. 

Sec .\ct of June 3, 1S78 (20 Stat. 88) for benefit of miners and agriculturists, 
imposing penalty of $500 or si.\ months' imprisonment for violation of act or 
regulations thereunder, and Act of Aug. 4, 1892. (27 Stat. L. 348) extending pro- 
vision of timber and stone Act of June 3, 1878, (20 Stat. L., 89) to all pubhc land 
states. 



FEDERAL LEGISLATION BETWEEN 1875 AND 1900 243 

gress with a special message by President Grant. The 
Federal legislature had previously enacted the timber 
culture act of March 3, 1873 (17 Stat. L., 605), which was 
amended on March 13, 1874 (18 Stat.L., 21), and on May 
20, 1876 (19 Stat. L., 54), but the first real recognition of 
the importance of forestry investigation as a branch of the 
governmental service came in the form of an item in the 
general legislative, executive and judicial appropriation 
act for the fiscal year ending June 30, 1877.^ This act di- 
rected the Commissioner of Agriculture to appoint a quali- 
fied person to gather forestry statistics of general n^ature 
and to transmit the report of such person to Congress. 
Subsequent appropriation acts contained provisions for 
the continuance of forestry investigations. In 1881 the 
forestry work was organized as a separate office under the 
Commissioner of Agriculture, and by an act of June 30, 
1886 (24 Stat. L., 100, 103), this office received statutory 
recognition as a distinct division of the Department of 
Agriculture. 

During the decade following the establishment in 1881 
of forestry investigations as a regular part of the agricul- 
tural work of the executive branch of the national govern- 
ment, no real advance in federal forestry legislation may 
be noted. ^ The appropriation of five thousand dollars in 
1881 was increased to ten thousand dollars in 1883, but the 
latter amount remained the fixed annual appropriation 
available each year prior to 1891. With this small amount 
little could be accomplished beyond the dissemination of 
information as to the existing conditions and the aims of 
forestry science and practice. 

While the forestry division of the national department 
of agriculture was giving advice as to planting within areas 
where real forests could never be successfully established, 
and as to reforestation in regions where the growing of 
timber as a crop was not economically profitable, another 
executive department under the direction of a national law 
was diligently engaged in disposing of federal timber lands. 
However, the man charged with the administration of the 



1. Act Aug. 15, 1876 (19 Stat. L.. 143, 167). Cf. Act Mar. 3, 1877 (19 Stat. L.. 360). 
2 See Instructions of General Land Office, Sept. 19, 1882 (1 L. D. 696), directing 
special timber agents to require tops cut up and to control fires. 



244 FOREST LAW IN AMERICA 

division of forestry was not unmindful of the absurdity of 
the situation, and largely through his efforts, and those of 
his associates in the American Forestry Association, a 
half-concealed but radical step in the national policy as to 
public forests was taken by Congress in an act of ]March 
3, 1891 (26 Stat. L., 1095, 1103). Section twenty-four of 
this act, entitled "An Act to repeal timber-culture laws, 
and for other purposes," authorized the President to estab- 
lish forest reservations in any state or territory having pub- 
lic lands wholly or in part covered with timber or under- 
growth, whether of commercial value or not.^ 

It is interesting to note that this act marking so radical a 
change in the policy of the nation as to public timber lands 
was enacted sixty years, to a month, from the last pre- 
ceding congressional act contemplating a general reserva- 
tion of lands for timber conservation purposes.- During 
this long period the pineries of the northern states which had 
seemed inexhaustible in 1831 had largely disappeared; the 
future exhaustion of the timber supply of the southern 
states had become apparent to the far-sighted; and the 
transference of the title, from the federal government to 
private individuals and corporations, of vast areas of the 
incomparable forests of the Pacific coast region had been 
effected. 

However, so immense an empire had been acquired 
through the French and Mexican cessions and the Lewis 
and Clark explorations that even the greed of the home- 



1. See Act Oct. 1, 1890 (26 Stat. L., 6.50), creating certain forest reservations in Cali- 

fornia. 

2. Comparatively limited and isolated tracts had been reserved for a wood supply 

for militarv reservations. 

Fort Leavenworth, Kan., established, June 21, 1S3S; Act of 1841. 9.39 A. 
Fort Wulla Walla. Wash, established May 22, 1859, Relin. Oct. 7, 1869. 
See Act Mar. L'l.', 1S76 (19 Stat. 417.) 

Camp ln(lei>eii(l(^nce, Cal. established Jan. 23. 1866, Rclinq. .July 22, 1884. 
Fort Ilalhicck, Nevada, established Oct. 4. 1870. Relinq. Oct. 11. 1866. 
Fort (^)lvillc. Wash., established, Jan. 27, 1871. Relinq. Feb. 26. 1887. 
Fort Fctlcrman (old reserve), established. Aug. 29, 1872, Relinq. July 22. 1884. 
\Vliipi)lc Barracks, Ariz., established, Juno 30, 1873, Relinq. July 22. 1884. 
Fort Fcttcrman. Wvo. (new), established, Feb. 9, 1877, Relinq. July 22, 1884. 
Fort Missoula, Mont., established, Feb. 19, 1877; Aug. 5, 1878. 
Fort Robinson, Neb., established, Oct. 4, 1879. 
F'ort Russell. Wvo., established. Nov. 4. 1879: Feb. 25, 1880. 
Fort Sidnev, Neb., established. Mav 31, 1880. Relinq., Nov. 5, 1894. 
Fort Fred Steele. W vo., esiahlished, Nov. 9, 1880, Relinq.. Aug. 8. 1886. 
Fort Laramie, Wvo.. eslalilished. Feb. 9, 1881. 
Fort Wingate, N. Mex., established, Mar. 26, 1881. 
Fort Meade, S. Dak., esial.Iislicd, Apr. 8. 1881: Sept. 16, 1889. 
Fort Thornburg, Utah, established. May 12, 1883, Relinq. July 22, 1884. 
Fort Sill, Okla.. established, June 4, 1892. 

F^or further information as to many of these reservations, see Report of Com- 
missioner of General Land Office for 1901, pp. 178 to 195. and United States 
Military Reservations, etc., War Dept., Wash., D. C, Rev. Ed. 1916. 



FEDERAL LEGISLATION BETWEEN 1S75 AND 1900 245 

steader and the cupidity of the railroad and timber corpor- 
ations had not been equal to the task of taking full advan- 
tage of the reckless indifference of a laissez faire policy. 
When the belated act of March 3, 1891, authorized the res- 
ervation of public forest resources for the benefit of the 
public there were, happily, still millions of acres covered 
with magnificent forests which had not passed into private 
ownership under the homestead acts, the timber and 
stone act of 1878 (20 Stat., 89), and the numerous acts grant- 
ing lands to states, railroads and other corporations. 

Under the administrations of Presidents Harrison ^ and 
Cleveland ^ extensive areas were withdrawn from sale or 
entry and proclaimed national forest reserves. However, 
such withdrawal provoked bitter opposition on the part of 
many inhabitants and interests in the West, and for several 
years the general public seemed to have little comprehen- 
sion of the new development in national life that was pos- 
sible of fulfillment under the "rider" that had been appended 
to the law repealing the timber culture acts. In fact, so 
brief and general in terms was the section in the act of 1891, 
authorizing the proclaiming of forest reserves, that discus- 
sion arose as to the actual intent of the Congress in enact- 
ing this legislation and as to the authority possessed by the 
President thereunder. Furthermore, no legislative provi- 
sion had been made for the administration of the millions 
of acres that had been set aside as forest reserves. An 
act of June 11, 1896 (28 Stat. L., 413, 432), authorized an 
investigation under the direction of the National Academy 
of Sciences for the purpose of submitting recommendations 
as to a national policy regarding forest reserves. 

An act of June 4, 1897 (30 Stat. L., 11, 34), undertook to 
clarify the legal status of the national forest reserves which 
had been created by presidential proclamations under 
section 24 of the act of March 3, 1891, and to provide for 
their administration. This act confirmed the power of 
the President to revoke, modify or suspend all Executive 
Orders regarding national forest reserves from time to time 



1. 26 Stat. L., p. 1565; 27 Stat. L., 994-1068. 

2. 28 Stat L., p. 1240: 29 Stat. L., 893-911. Cf. Act June 4, 1897, (30 Stat. L.. 34) 

suspending proclamations of Feb. 22, 1897. 



246 FOREST LAW IN AMERICA 

as he might deem best for the public interest; announced 
the purpose of the creation of such reserves, and defined 
in a general way the character of land to be included therein ; 
authorized the Secretary of the Interior to make provisions 
for the protection of the forests against fire and depredations, 
and attached the penalties of the act of June 4, 1888 (25 
Stat. L., 166), to violations of such regulations; provided 
for the sale of timber after due advertisement for not less 
than sixty days in two newspapers of general circulation 
in the state or territory where the reservation existed on 
condition that the timber be not exported therefrom; per- 
mitted the free use of timber on such reservations by bona 
fide residents for agricultural and mining purposes and other 
domestic uses ; safeguarded the rights of settlers, miners and 
other residents; and provided for the restoration to the 
public domain of lands within the forest reserves found to 
be chiefly valuable for agricultural or mining purposes. 

To make mineral, medicinal and other springs within 
the public forest reserves available for public use the 
Secretary of the Interior was authorized, on February 28, 
1899 (30 Stat. L., 908), to lease suitable lands near such 
springs. 

Successive general acts of March 3, 1899 (30 Stat. L., 
1095), February 9, 1900 (31 Stat. L., 21) and June 6, 1900 
(31 Stat. L., 614), provided that those charged with the 
field administration of the forest reservations should aid in 
the enforcement of the fish and game laws of the states and 
territories in which the respective forests were located. The 
act of March 3, 1899 (30 Stat. L., 1097), also regulated the 
survey of lands within forest reservations, and a "deficiency" 
act of the same date (30 Stat. L., 1233), extended over the 
forest reserves the existing law authorizing the Secretary of 
the Interior to grant rights of way across the public lands 
for wagon roads, railroads and other highways, wherever 
the granting of such a right would not injuriously affect the 
public interest (Cf. 30 Stat., 1214). 

The forest reserve area was greatly increased in the 
closing years of the nineteenth century by proclamations 
promulgated by President McKinley.^ 



1. 30 Stat. L., pp. 1767-1788; 31 Stat. L.. pp. 1953-1956. 



FEDERAL LEGISLATION BETWEEN 1900 AND 1916 247 

FEDERAL FOREST ADMINISTRATION LEGISLATION 

DURING THE FIRST SIXTEEN YEARS OF THE 

TWENTIETH CENTURY 

The first federal act specifically providing for the ad- 
ministration of the national forest reserves, approved by 
the President on June 4, 1897, had provided for the selec- 
tion of lands outside of forest reserves in lieu of lands claimed 
under the homestead law within reserves. This was amended 
by act of June 6, 1900 (31 Stat. L., 614), so as to confine lieu 
selections to vacant non-mineral surveyed public lands 
subject to homestead entry, and the lieu selection provi- 
sions were completely repealed March 3, 1905 (33 Stat. L., 
1264). 1 

On June 6, 1900 (31 Stat. L., 661), the provisions of the 
act of June 4, 1897, regarding the administration of forest 
reserves were amended so as to require but thirty days' 
advertisement of a timber sale in one or more newspapers 
within the state or territory; to permit cutting in advance 
of the completion of a sale where circumstances were 
urgent; to authorize sales of less than one hundred dollars 
worth of timber without advertisement; and to allow 
private sales in excess of that amount to be made at not 
less than the appraised value where no bid was received in 
response to an advertisement or where the successful bidder 
failed to comply with his agreement. The act of June 6, 
1900 excepted reserves within the State of California from 
its provisions, but the agricultural appropriation act ap- 
proved June 30, 1906 (34 Stat. L., 669), removed this ex- 
ception. 

On February 1, 1905 (33 Stat. L., 628), the adminis- 
tration of the national forest reserves was transferred from 
the Secretary of the Interior to the Secretary of Agriculture 
and the exportation of pulp wood or wood pulp manufac- 
tured from timber in the district of Alaska was authorized. 
On March 4, 1907 (34 Stat. L., 1256), Congress declared 
that thereafter the forest reserves should be called national 
forests, and forbade the creation of any more national 



1. Cf. Sch. Land. Dec. 28 L. D. 57; 29 L. D. 365; 34 L. D. 657; 35 L. D. 158; 84 Fed. 
R. 571; 33 Mont. 821; 83 Pac. Rep. 879. 



248 FOREST LAW IN AMERICA 

forests, or additions to existing ones, by executive order 
within the States of Oregon, Washington, Idaho, Montana, 
Colorado or Wyoming. ^ An act of May 23, 1908 (35 
Stat. L., 251), authorized the Secretary of Agriculture to 
permit the exportation from all states of timber cut on 
National Forests except that cut on the Black Hills National 
Forest in South Dakota, from which dead and insect in- 
fested timber might be exported for a limited time under 
certain conditions. There have been several subsequent 
special provisions as to the Black Hills Forest- and the 
Secretary was given discretion as to all states in an 
act of March 4, 1913 (37 Stat. 839). On August 24, 
1912 (37 Stat. L., 497), the further creation of National 
Forests in California by executive order was forbidden. 

An act of February 6, 1905 (33 Stat. L., 700) ^ gave all 
persons employed in the forest-reserve or national park- 
services of the United States authority to make arrest for 
violations of the laws and regulations relating to these por- 
tions of the public domain; and an act of May 23, 1908 
(35 Stat. L., 251), declared that thereafter officials of the 
Forest Service designated by the Secretary of Agriculture 
should aid in the enforcement of state and territory laws re- 
garding stock, fish, game and forest fires, ^ 

An act of June 11, 1906 (34 Stat. L., 233), provided for 
the acquiring of homestead rights within national forests 
subsequent to the creation of the forest, and one of August 
10, 1912 (37 Stat. L., 269), required the Secretary of Agri- 
culture to select, classify and segregate as soon as practicable 
all lands within national forests suitable for homestead en- 
try and directed him to sell matured, dead, and down tim- 
ber to homestead settlers and farmers at actual cost. On 
June 25, 1910 (36 Stat. L., 855), Congress authorized the 
making of Indian allotments within national forests. ^ 

During the second administration of President Mc- 
Kinley ^ and the two administrations of President Roose- 



1. See Act Apr. 24, 1912 (37 Stat. L. 497.) adding California to the list of states witliin 

which National forests could be created only by Act of Congress, (cf. Act June 
25, 1910 (3(> Stat. 847) containing list aside from California.) 

2. 36 Stat., pp. 424 and 1246: 37 Stat., pp. 280 and 839, including the Harney 

National Forest also. 

3. Cf. Act March 3. 1905 (33 Stat. L. 873.). 

4. Cf. 30 St. 1095:31 St. 21:31 St. 614:33 St. 872:34 St. 683; 34 St. 1269. 

5. See Three Year Homestead Act of June 6, 1912 (37 Stat. L., 123.). 

6. 31 St. 1962, 1977, 1981; 32 Stat. 1969-1985. 



FEDERAL LEGISLATION BETWEEN 1900 AND 1916 249 

velt, ^ very extensive areas were reserved for forestry pur- 
poses by proclamation, and by special act of Congress on 
May 23, 1908 (35 Stat. L., 26,8), the Minnesota National 
Forest was created. 

On March 1, 1911, another epochal step in forest policy 
was taken by the United States. This consisted in an act 
of that date (36 Stat. L., 961), that authorized the expendi- 
ture during the succeeding five years of eleven millions of 
dollars in the examination, survey, and acquisition of lands 
located at the headwaters of navigable streams, or of streams 
that were being developed for navigable purposes. Al- 
though the terms of the act were general, the purpose of 
advocates of the measure was to provide means for 
the establishment of national forests in the eastern states and 
particularly in the White Mountain and Appalachian 
regions. Within these mountainous regions are the 
sources of the great coastal and interior rivers of the 
eastern states, and the maintenance of a forest cover upon 
these rugged highlands is evidently essential to the mainte- 
nance of regularity in stream flow and the prevention of 
flood damage. As the national government had never held 
public lands in this region, and the states had generally 
parted with title to all lands once held as public lands, it 
was essential that provision be made for the purchase of 
lands either by the states or the nation to effect the mainte- 
nance of extensive forests under a management which 
aimed primarily at the welfare of the public. This act, 
which provided for a commission of national executive and 
legislative officers to determine what land should be pur- 
chased, declared that all lands acquired should be ad- 
ministered, under existing legislation, by the Department of 
Agriculture, as were other national forests created from 
national public lands either by presidential proclamation 
or by special acts of Congress. 

The act of March 1, 1911, embraced another important 
provision authorizing cooperation between the federal gov- 
ernment and the separate states or groups of states in for- 
est flre protective measures on condition that any state 
receiving federal aid must have a law providing for forest 



1. 32 Stat. 1988-2030; 33 Stat; 2320-2380: 34 Stat. 2995-3309: 35 Stat. 2107-2246. 



250 FOREST LAW IN AMERICA 

fire protection and must spend at least as much as the 
federal government in such protective work. This act 
has received several amendments, but its main features 
remain unchanged. ^ The utilization of minerals within 
the lands acquired was authorized by act of Aug. 11, 1916 
(39 Stat., 446, 462). 

In a large number of states laws have been enacted au- 
thorizing the acquisition of lands for national forests ^ 
or cooperation in fire protection ^ as provided by this act. 
Cooperation is also carried on in various states under gen- 
eral forest protection acts enacted either before or subse- 
quent to the passage of the National act known as the 
Weeks law. 

An act of March 11, 1912, (37 Stat., 74), extended to em- 
ployees of the national forest service who were engaged in 
any hazardous work the provisions of the act of May 30, 
1908 (35 Stat., 556), affording compensation for injuries re- 
ceived in the line of duty. ^ This act was superseded by 
the act of September 7, 1916 (39 Stat., 742), which provided 
for compensation to any civil employee injured while em- 
ployed in line of duty. 

A federal act of March 4, 1906 (34 Stat., 1256, 1276), 
provided that ten per centum of the receipts from any 
national forest should be used for school or road purposes 
within the state in which the forest was situated in such 
manner as the state legislature should direct. By act of 



1. Act Aug. 10, 1912 (37 Srat. 269) • Act Mar. 4. 1913 (37 Stat. 828 and 855) ; Act June 

30, 1914 (38 Slat. 415); Act August 11, 1916 (39 Stat. 446, 462 (.S3, 000. 000 ad- 
ditional fi)r purcliase purposes). 

2. Ala. Act Nov. 30, 1907, S. L. No. 90, see. 18 1-2, 

Ga. Act December, 18, 1901, S. L., p. 84, Cf. J, R'es. No. 60, Aug. 16; 1910. 

S. L. 1279. 
Ky. Act Mar. 17, 1914, S. L. ch. 24. p. 96: Same in Thum's Suppl. of 1915 

to Kv. Stat. 1909, sec, 2376f to 23761, 
Me. , Resolves 1903. ch. 102. 
Md. Act Apr. 1, 1908, ch, 217. 

N, H, J. Res., L. 1903, ch. 137. 

N, C, Laws 1901, ch. 17; Pell's Revi.sal, 1908, sec. 5430. 

Pa. Act May 11. 1911. P. L.. p. 271. 

S. C. Art Fob. 21. 1901, No. 340, Laws 1901, Vol. 23, p. 609; (Same. Civil 

Code, 1912, sec. 12.) 
Tenn. Laws 1901, ch. 47, Act Apr. 23, 1901. 
Va. Act Mar. 14, 1912, S. L. ch. 260, p. 563, Same Pollard's Rieniiial Code 

1912. p. 5. 
AV. Va. Act Feb. 27. 1909, ch. 61. p. 494; Code 1913, sees. 6-8. 

3. Conn. Act Sept. 26. 1911. S. L. ch. 292. 

Kv. Act Mar. 19, 1912. S. L. ch. 133. p. 529. 

Mmn. Act Apr. 12, 1911, S. L. ch. 125, sec. 6. 

N. H. Act Mav 21, 1913, S. L. ch. 159, p. 696. 

Va. Act Mar. 21, 1914, S. L. ch. 195, p, 305, 

Wash. Act Mar. 18, 1911, S. L. ch. 125. p. 623, sec. 4. 

W. Va. Act Mar. 4, 1915, S. L. ch. 15, p. 162. 

Wis. Cf. Act May 25, 1905, S. L. ch, 264: Same in Stats. 1915, sec. 1494-45 

4. Cf. Act Aug. 24, 1912 (37 Stat. 539) regarding rights and privileges of civil service- 

employees. 



FEDEEAL LEGISLATION BETWEEN 1900 AND 1910 251 

May 23, 1908 (35 Stat., 260), the portion of the receipts to 
be used for school and road purposes was increased to 
twenty-five per centum. An act of August 10, 1912 (37 
Stat., 288), authorized the Secretary of Agriculture to ex- 
pend an additional ten per centum of the receipts of the 
year ending June 30, 1912, upon roads and trails within the 
state from which the receipts were derived, and an act of 
March 4, 1913, (37 Stat., 828, 843), made this provision per- 
manent. 

The general agricultural appropriation act of March 4, 
1913, also authorized the Secretary of Agriculture to per- 
mit the free use of timber for telephone line construction 
where such lines would be of benefit to the national forest S 
the reimbursement of private parties for property injured 
or destroyed in the control of forest fires, ^ the distribution 
free of charge for planting on certain private lands of young 
forest trees grown in nurseries upon the Nebraska National 
Forest^ and the exportation from any state in the dis 
cretion of the Secretary of Agriculture of timber cut fro 
national forests within that state. * 

An act of June 30, 1914 (38 Stat., 415, 430), provided for 
the use of funds received as contributions for cooperative 
work and forbade the building of rangers' stations upon 
lands upon which a settlement had been made under the 
homestead law. In the appropriation act approved March 
4, 1915 (38 Stat., 1086, 1100), provision was made for the 
free use of timber by the navy department and for govern- 
ment railway construction in Alaska. This act authorized 
the Secretary of Agriculture to grant permits for a period 
not exceeding thirty years and of an area not exceeding 
five acres to each individual or association for use as sum- 
mer homes, hotels, stores and other proper structures for 
recreation or public convenience. ^ The act also limited the 
cost of any building to be erected for forest service uses 
without special congressional authority to six hundred and 
fifty dollars. ^ 



1. 37 Stat. 843. 

^ 37 Stat 843 

3! "37 Stat! 840.' Cf. 38 Stat. 1086. 

4. 37 Stat. 839. Cf. 38 Stat. 1096. 

5. 38 Stat. 1101. See brush disposal provision, Act Aug. 11, 1916 (.39 Stat. 462) 

6. 38 Stat. 1086. Cf. Act Mar. 4. 1907 (34 Stat. 1269;)May 23, 1908 (35 Stat. 259); 

Mar. 4, 1911 (36 Stat. 1235), all regarding the cost of service buildings. 



252 FOREST LAW IN AMERICA 

The act of June 4, 1897 (30 Stat. L., 11, 35), providing for 
the administration of national forests, conferred very ex- 
tensive powers upon the Secretary of the Interior as to the 
making of regulations to govern the administration of the 
forest reserves. This authority was vested in the Secretary 
of Agriculture by the act of 1905 transferring the adminis- 
tration of the forest reserves to that department. The regu- 
lations prescribed by the executive departments within the 
scope of the authority conferred have been repeatedly sus- 
tained as having the force of law. ^ 

In the first year of the twentieth century ^ the federal 
act of February 24, 1897 (29 Stat. L., 594), imposing a maxi- 
mum fine of five thousand dollars and imprisonment for 
two years for the willful or malicious setting of a fire or the 
careless or negligent leaving of one unattended near in- 
flammable material on the public domain, and penalties 
one-half as severe for the leaving of a camp fire or other 
fire burning, was amended by the omission of the words 
"carelessly and negligently" and of the specific reference 
to camp-fires. On June 4, 1906 (34 Stat. L., 208), a maxi- 
mum penalty of five hundred dollars and imprisonment for 
one year was provided for the cutting or chipping, for tur- 
pentine purposes, of trees on lands of the United States. 

The provisions of existing federal laws as to the cutting 
or injuring of timber and as to the building or leaving of 
fires on public lands of the United States were incorporated 
as sections 49 to 53, inclusive, of a federal penal code en- 
acted March 4, 1909 (35 Stat. L., 1088, 1098), with the omis- 
sion of the word, "maliciously" in the section regarding the 
setting of fires. Sections 50 and 53 of this act were amended 
by section six of an act of June 25, 1910 (36 Stat. L., 855, 
857), so as to include Indian tribal lands and Indian allot- 
ments, to which the Government still held the fee, within the 
prohibition as to trespass and the leaving of fires. ^ 



1. Light V. U. S., 220 U. S. 523: U. S. v. Grimaud. 220 U. S. 506: Shannon v. V. S. C. C. A 

(160 Fed. 870) cf. 151 Fed. 86:i: U. S. v. Domingo, l.'')^ Ked. ."ititi: Dastervignes v. 
U. S., 122 Fed. 30: see 118 Fed. 199; 22 Opin. Atty. (icn. I'lif): contra U. S. v. 
Matthews, 146 Fed. 306: See Field v. Clarlc. 143 U. S. 692, 23 Opin. Attv. Gen. 5S9. 

2. Act May 5, 1900 (31 Stat. L.. 169). 

3. See Act Juno 10, 1896 (29 Stat. L. 32) imposing a fine of $250 or one hundred days' 

imprisonment, for offense of cutting boundary or witness tree on pubhc land. 



FEDERAL LEGISLATION BETWEEN lOOO and 1916 253 

Extensive areas of timberland are embraced within 
Indian reservations. The first general legislative authority 
for the sale of timber from Indian reservation lands was 
contained in an Act of February 16, 1889 (25 Stat. L. 673) 
which was limited to dead timber. An act of June 25, 1910, 
(23 Stat. L. 855, 857) authorized the Secretary of the In- 
terior to sell the mature and dead and down timber from 
the unallotted lands of any Indian reservation, except 
within the States of Minnesota and Wisconsin, and to use 
the proceeds for the benefit of the tribe occupying the 
reservation. Under this law a conservative management 
of the unallotted timber lands within Indian reservations 
is possible. Laws specifically providing for a management 
of unallotted Indian lands in accordance with forestry 
principles have been enacted as to the Menominee Reser- 
vation ^ in Wisconsin and the Red Lake Indian Reserva- 
tion - in Minnesota. 

Within several of the national parks there are forest 
areas of considerable extent. The acts creating the Yellow- 
stone, ^ Sequoia, ^ General Grant, ^ Mount Ranier, ^ 
and Crater Lake, ^ National Parks all made it the duty of 
the Secretary of the Interior to make and pubhsh the regu- 
lations necessary for their management so as to attain the 
ends for which they were reserved, and required that such 
regulations provide for the preservation from wanton spoha- 
tion of all timber within them so that the parks might be 
maintained in their natural condition. The acts creating 
the Glacier National Park ^ and the Rocky Mountain 
National Park ^ required that the Secretary of the Interior 
make such regulations as should provide for the preserva- 
tion of the parks in a state of nature so far as was consis- 
tent with the purposes of the acts, but specifically authorize 



1. Act March 28, 190S (35 Stat. L. 51); act March 3, 1911 (3fi Stat. L. 105S, 

1076); act May 18, 1916, (39 Stat. L. 123, 157) 

2. Act May 18, 1916, (39 Stat. L. 123, 137) 

3. Act March 1, 1872, (17 Stat. L. 32) 

4. Act Sept. 25, 1890, (26 Stat. L. 478); Act Oct. 1. 1890. (20 Stat. L. 650) 

5. Same acts as for Sequoia. 

6. Act March 2, 1899. (30 Stat. L. 993) 

7. Act May 22, 1902, (32 Stat. L. 200) 

8. Act May 11, 1910, (36 Stat. L. 354) 

9. Act January 26, 1915, (38 Stat. 798) 



254 FORK ST LAW IX AMHRICA 

the Secretary to arrange for the removal of such matured 
or dead and down timber as he might deem necessary or 
advisable for the protection or improvement of the parks. ^ 

An Act of August 25, 1916, (39 Stat. L. 535) creating a 
National Park Service in the Department of the Interior, 
for the administration of all parks and reservations under 
the jurisdiction of the Department declared that the Secre- 
ary of the Interior "may also upon terms and conditions 
to be fixed by him, sell or dispose of timber in those cases 
where in his judgment the cutting of such timber is required 
in order to control the attacks of insects or diseases or other- 
wise conserve the scenery or the natural historic objects of 
any such park, monument or reservation." 

Violations of any of the rules and regulations for the man- 
agement and use of the parks which should be made by the 
Secretary of the Interior as authorized by the act were 
declared punishable under the provisions of section fifty 
of the federal criminal Act of March 4, 1909, as amended 
by the Act of June 25, 1910, (36 Stat. L. 855, 857) 

' 1. Of. Yo?,.!mito NaiioaalPark. California, Aft .Iiin-^ :50. 130 1. (13 Sta;. L. 325): 
Oct. 1. 1890. (20 Stat. L. 050); Fol). 7, 1905, (;53 Stat, L. 702); June 11. HtOn. 
(31 Stat. L. 831) 



INDEX 

Adirondack Park, lo, ii, 12, 76, 79, 82, 84, 86. 

Agricultural boards directing forestry work, 49, 50, 55, 89, 97, 98, 

217. 
Alabama, arrests without warrant, 48. 

early fire laws, 22. 

fire control, 109. 

fire law of 1885, 29. 

fire laws of 1896 and 1897, io9- 

forest administration, 48. 

Geological Survey to report upon forestry, 19. 

hunters liable for fires, 26. 

notice of fires to neighbors, 109. 

railroad fire law, 109. 

tax exemptions on private forests, 200. 
Alaska, export of timber from, 247. 
American Forestry Association, 7, 244. 
Arbor Day, 4. 
Arizona, early fire law, 22. 

fire control, 109. 

forest administration, 48. 
Arkansas, early fire law, 22. 

fire control, no. 

forest administration, 49. 

railroad fire law, 26, no. 

trespass law, note, 2. 
Arrest without warrant for forest off'enses, 7, 9, 16, 29, 32, 40, 41, 

43, 44, 72, 88, 92, no, 112, 114, 115, 116, 121, 123, 128, 130, 
• 134, 138, 140, 153, 154, 158, 159, 160, 167, 168, 175, 233. 
Ashes and live coals, 38, 41, 43, 117, 120, 131, 132, 144, 171, 173, 

176, 229. 
Ashpans, devices upon, 27, in, n4, 132, 137, 143, 145, 339. 
Assistant state forester, 49, 51, 57, 105. 
Assistant state wardens, 145, 146. 

Back Fires, 24, 30, no, 123, 172. 

Board of Conservation, 75. 

Board of forest commissioners, 102. 

Board of forestry, 7, n, 16, 48, 49, 51, 54, 56, 59, 60, 65, 67, 69, 

71, 75, 78, 90, 91, 92, 98, 102, 104, 217. 
Bonds for forest purchase, 87. 
Borrowing of money for forestry work, 83, 150. 
Boundary tree, note, 252. 
Bounties, for tree planting, 2, 182, 183, 184, 185, 186, 187, 188, 



II INDEX 

190, 191, 192. 

limit as to liability under statute, 186. 
Bounty law unconstitutional, note, 185. 
Brush along highway, 114, 127. 
Burden of proof as to fire, 21, 28, 37, 45, 115, 118, 119, 123, 132, 

139. 147. 155. 174- 
Bureau of forest protection, 158. 
Burning of fallows, etc., 35, 132, 144, 159, 170. 

California, cooperation with federal forest service, 49. 

costs of fire fighting from offender, 1 1 1. 

county forestry, 1 1 1 . 

early forest fire law, 22. 

fire control, 1 10. 

fire law of 1887, 32. 

fire nuisance, 1 1 1 . 

fire penalties, no, in. 

first board of forestry, 7. 

inflammable material as a nuisance, in. 

locomotive, donkeys, etc., no, in. 

state board of forestry, 49. 

state forester, 49. 
Campers to have guides, in, 225. 
Camp fires, 23, 29, 31, 32, 38, 41, 42, 46, 69, m, 115, 119, 120, 

131, 134, 137, 154. 155, 164, 168, 172, 173, 178, 224. 
Catskill Park, 78, 79, 82, 84, 86. 
Charcoal, 138, 140, 162, 225. 
City foresters, note, 212. 
Civil liability for fire damage, 233. 
Civil service status for forest employees, 76, 86. 
Classification of forest land. 102. 
Clearing space for a fire, 31, 131, 139, 224. 
Cleveland, creates forest reservations, 245. 
Cloquet demonstration forest, 67. 
Closed season for fires, 21, 35, 42, 45, no, 113, 115, 116, 117, 125, 

126, 136, 140, 142, 144, 147, 148, 154, 156, 159, 168, 170, 222. 
Colonial forest legislation, i, 29, 179. 
Colorado, administration of state timber lands, 50. 

arrest of offenders against forest laws, 7. 

bounty and tax exemption law, 188. 

camp fires, 46, in. 

conservation of young timber, 50, 52. 

constitutional provision as to forestry, 5. 

early forest fire law, 22. 

fire control, in. 

fire law of 1885, 29. 

fire law of 1899, 46. 

forestry commissioner, 7, 8. 

railroad fire law, 26, 27, 32, 112. 

sheriffs to control, fires, 112. 

state forester, 50. 
Commission of forestry, 48. 
Common lands, timber on, i. 



INDEX III 

Compensation for injuries to forest employees, 250. 
Condemnation of forest land, 80, 83. 
Conferences of fire wardens, 124, 137, note 137, 226. 
Connecticut, assistant state forester, 51. 

brush along highway, 114. 

clearing space for fire, 113. 

cooperation in fire control, 114. 

cost of fire control distributed, 112. 

cost of fire control charged to railroads, 113. 

early forest fire laws, 20, 22. 

fire control, 112. 

fire law of 1886, 31. 

fires in the open, 113. 

forest administration, 50. 

hunting season suspended, 114, 

permits for open fires, 113. 

railroad fire law, 26, 113, 114. 

railroads have insurable interests, 26, 27. 

species to be planted, 195. 

state forester, 50, 112. 

State forests, 51. 

tax exemption laws, 195, 205. 
Conservation commission, 57, 58, 81, 84, 85, note 98, 107. 
Conservation of timber, 4, 50, 52, 70, 71, 97, 104. 
Constitutional provisions as to forestry, 4, lo, 18, 65, 68. 
Control of fire, prevention by State, 231. 

prevention by local authorities, 232. 
Convention of forest officers, 124, note 137, 165, 226. 
Convict labor for forestry work, 82. 

Cooperative forestry practice in colonial times, note 210. 
Cooperation in fire protection, 73, 114, 119, 134, 139, 140, 158, 159 

249, 250. 
Cooperation, in general, 49, 50, 53, 56, 58, 62, 71, 73, 74, 89, 95, 97 

100, 102, 103, 105, 106, 114, 119, 134, 137, 222. 
Cornell University forest school, 19. 
Cost of fire control distributed, 15, 35, 43, 44, 74, 112, 117, 123, 

128, 135, 136, 139, 140, 146, 157, 158, 166, 168, 174, 175. 
Cost of fire control, to be paid by offenders, loi, iii, 113, 115, 119 

122, 123, 141, 156, note 167, 173, 174, 176. 
Counties to raise money for forestry purposes, 16, 52, 60, 61,91 

III. 
County control of forest fires, 48, 90, 91, 95, 109, 112, 154, 163, 174 

judge as warden, 156. 

rangers, 90, 91. 
Crawford Notch, 73. 
Criminal liability for fire damage, 234. 
Cruisers as patrolmen, 130, 167, 168. 
Cuba reservation, 86. 
Cutting restrictions, 4, 50, 52, 70, 71. 

Dakota, bounty and tax exemption, 184, 189. 
early forest fire law, 22, 31. 
species to be planted, 189. 



IV INDEX 

Damages from fire, offender to pay, 58, 112, 135. 

town to pay, 121. 

measure of, 58, 112. 
Dead timber, disposal of, 56, 84, 85. 
Delaware, early fire laws, 20, 22. 

extinguishing fires, cost of, 115. 

fire control, 114. 

fire law of 1887, 32. 

forest administration, 51. 

forest fire penalties, 52, 115. 

forest wardens, 114. 

railroad fire law, 26, 115. 

state forester, 52. 

state forests, 52. 
Demonstration forests, 48, 56, 67, 72, 88, 89, 92, 103, 104, 
Department of forestry, 89, 92, 103. 
Desaret, timber conservation in, 3. 
Distribution of nursery stock, 57, 61, 63, 72, 81, 82, 87, 88, 89, 93, 

98, 100, 202. 
District Attorney, duty of, no, 131, 133, 156, 175. 
Donkey engines, 109, no, m, 172, 176. 

Early forest fire laws, i, 20, 22, 23, 25, 31. 
European influence on American forestry, 210. 
Evergreen trees, 191. 
Expert foresters, 77, 80, 82, 85, 144. 

Fallows, burning of, 35, 132, 144, 159, 170. 

Federal assistance to tree planters, 192, 251. 

Federal grants of forest land to states, 66, note 105. 

Fire apparatus, 127. 

Fire balloons, 126, 151, note 158. 

Fire boxes, 229. 

Fire breaks, 37, 127, 132, 134, 147, note 161. 

Fires in gas and oil regions, 157. 

Fire lines, 27, 45, 127, 147. 

maps, 33, 35, 39. 

marshal, 39. 

notices, destruction of, 30, 44, 164, 175, 235. 

patrol, 110,121, 131, 135, 140, 142, 146, 152, 156, 157, 158, 
159, 165, 168. 

patrol along railroads, 122. 

patrolmen defined, 86. 

reports, 9, 33, 38, 40, 41, 121, 123, 130, 138, 140. 
Firing the woods, 20, note 138, note 143, note 154. 

as a criminal offense, 21, 37, 39. 

back fires, 24. 

damages, 24, 58. 

election of firemen, 21. 

hunters, 26, 38, 39, 43. 

laws between 1885, and 1890, 28,-32. 

leaving of fires, 23. 

maliciously, 24. 



INDEX V 

motive in, 25. 

multiple damages, 24. 

notice to neighbors, 23. 

open season for, 23. 

penalties for, 9, 34, 35, 52, 115. 

penalties for benefit of schools, 36. 

permits for fires, 25, 35, 42, 45, no, 113, 115, 116, 125, 136, 
140, 142, 144, 147, 148, 154, 156, 159, 168, 170, 223. 

protection of stock, 23. 

railroad liability. See railroads. 

summoning of inhabitants. vSee summoning aid, etc. 

turpentine orchards, 23. 
Fires on Indian land, 252. 
Fires on United States land, 252. 

Fires, reports of, 9, 33, 38, 40, 41, 121, 123, 130, 138, 140, 164. 
Fish and Game Officers as wardens, 112, 128, 162, 163, 165, 172. 
Florida, early fire law, 22. 

fire control, 115. 

fire law of 1897, requiring notice, 45. 

forest administration, 52. 
Foreigners to have permits, 127. 
Forest experiment station, 7, 48, 55, 56, 67, 70, 72, 88, 89, 92, 103, 

104. 
Forest fire defined, 86. 
Forest fire districts, 25, 94, 120, 128, 131, 136, 139, 143, 147, 150, 

153. 159, 160, 166. 
Forest fire fighting, destruction of fences, etc., 30, 33, 72, 74, 124, 
143, 160, 172. 

counties to conduct, 48, 90, 91, 95, 109, 112, 154, 163, 174. 

towns to conduct, 9, 14, 15, 16, 17, 22, 25, 29, 30, 31, 37, 39, 
40, 42, 74, 75, 128, 130, 135, 148, 149, 150, 153, 156, 157, 
164, 165, 178, 232. 
Forest Industries to be reported, 80, 87. 
Forest land defined, 86. 
Forest Nurseries, 56, 57, 61, 62, 63, 72, 81, 84, 85, 93, 98, 100, 

note 198, 199, note 202, 207, 220. 
Forest officers not liable for trespass, 30, s^y 72, 74, 124, 143, 160, 

172. 
Forest pathologist, 82, 85. 
Forest preserve, 8, 9, 79. 
Forest purchase board, 78, 80. 
Forest rangers, 90, 91, 130, 154, 169. 
Forest reservation commission, 74, 92. 
Forest supervisor, 95. 
Forestry bureau in Ohio, 8. 
Forestry commission, 5, 6, 8, 11, 12, 13, 14, 15, 16, 17, 48, 57, 63, 

65, 71, 77» 78, 81, 84, 162. 
Forestry commissioner, 7, 13, 14, 16, 55, 57, 59, 67, 78, 80, 92, 

94, 97, 103, 127, 130. 
Forestry division, department of agriculture, 243. 
Forestry districts, 59, 94, 120, 131, 136, 139, 143, 147, 150, 153. 

159, 160, 166. 
Forestry fund, 60, 75, 100. 



VI INDEX 

Forestry investigations, 53, 71, 89. 
Forestry reservations, national, 244. 

Geological commission, directing forestry work, 87, 99, 217. 
Geological survey, reports upon forests, 19, 69. 

Georgia, early forest laws, 22. 

fire control, 115. 

forest administration, 52. 

railroad fire law, 26. 
Grant, message on forestry, 243. 
Gun-Wads, 119, 123, 131, 136, 154, 168. 

Harrison, creates forest reserves, 245. 
Hedges, 182, 184. 
Highways as fire lines, 225. 

slash along, 114, 127, 131, 133, 138, 151, 227. 

trees along, 179. 
Hinckly fire, 15. 

Homesteaders, allowed tax exemption, 185, 192. 
Homestead law, 182. 
Hunters liable for fires, 26, 43, 172. 

Hunting season closed, 114, 122, 126, 136, 148, 151, 156, 165, 224. 
Idaho, bounty for tree planting, 187. 

camp fire law, 31. 

closed season for fires, 116, 117. 

conservation of state timber, 52. 

early fire law, 22, 31. 

fire control, 115, 116. 

forest administration, 53. 

permits for fires, 116. 

railroad fire law, 31, 115, ii6, 117. 

slash disposal, 53, 117. 
Illinois, bounty for tree planting, 186. 

cooperative investigation, 53. 

early fire law, 22. 

fire control, 117. 

forest administration, 53. 

forest preserve districts, 53. 

railroad fire law, 26. 

trespass laws, note, 2. 
Improvement companies, 105. 
Indian allotments within national forests, 248. 

lands may be reforested in New York, 82. 

lands may become state forests in Wisconsin, 106. 

unallotted forest land, 253. 
Indiana, board of forestry, 54. 

early fire law, 22. 

fire control, 117. 

fire penalties, 118. 

forest administration, 54. 

municipal forests, 213. 

railroad fire law, 118. 



INDEX VII 

state forests, 55. 

tax exemption, 198. 

trespass laws, note, 2. 
Inflammable material to be cared for, 170. 

as a nuisance, 107, 122, 171, 227. 
Injuries, compensation for, 250. 
Insect pests, report upon, 124. 
Inspection of locomotives and other engines, 114, 132, 137, 176, 

229, 

of private lands, 83, 87. 
Investigation of causes of fires, 139, 153. 
Iowa, early fire laws, 22, 25. 

fire control, 118. 

forest administration, 55. 

geological survey to report upon forests, 19. 

hunters liable for fires, 26. 

railroad fire law, 26. 

species to be planted, 199. 

tax exemption, 55, 184, 199. 
Iron vessels, 241. 

Irrigation dicthes, trees along, 186, 188, 190. 
Itasca State Park, 66, 68. 

John Brown Farm, 86. 

Kansas, bounty for forest planting, 183, 190. 

commissioner of forestry, 55. 

early fire law, 22. 

fire control, 118. 

forest administration, 55. 

railroad fire law, 26, 29. 

trespass laws, note, 3. 
Kentucky, board of forestry, 56. 

cooperative fire control, 119. 

costs of fire control, 119. 

distribution of young tres, 57. 

early fire law, 22. 

fire control, 118. 

forest administration, 56. 

forest nurseries, 56. 

railroad fire law, 118, 119. 

state forester, 56. 

state forests, 56. 

Lease of forest land, 10, 92. 

License for timber products, 59. 

Limitation on fire prevention expenses, 17, 41. 

Live oak, 238, 239, 240. 

Locomotives and other engines, 52, 109, 116, 117, 123, 154, 155. 

Logging locomotives, loi, 102, no, 176. 

Lookouts, 136, 160, 166, 226. 

Louisiana, camp fires, 120. 

commissioner of conservation, 58. 



VIII INDEX 

conservation commission, 57. 
damages for injuries to trees, 58. 
early fire law, 22. 
fire control, 119, 120. 
fire penalties, 119. 
forest administration, 57. 
forestry advisory board, 59. 
forestry commissioner, 57. 
license funds for forestry, 59. 
railroad fire law, 58, 119, 120. 
state forester, 57. 
state forests, 58. 

McKinley, creates forest reserves, 246, 248. 
Maine, damages from towns for fires, 121. 

distribution of cost of fire control, 15. 

early forest conservation, 4. 

early fire laws, 22. 

fire control, 120. 

fire law of 1891, 37. 

fire patrol, 121, 122. 

fire warden, 14, 59. 

fires to be reported, 38, 121. 

forest commissioner, 14, 59. 

forestry district, 59, 120. 

hunters liable for fires, 26. 

hunting season closed, 122. 

inflammable material as a nuisance, 122. 

railroad fire law, 14, 26, 122. 

state forests, 59. 

tax exemption, 195. 
Maryland, board of forestry, 60. 

cost of fire control, 123, 

distribution of trees, 61. 

early fire law, 22. 

fire control, 122. 

forest administration, 60. 

forestry fund, 60. 

railroad fire law, 26, 123. 

state forester, 60. 

state forests, 60, 61. 
Massachusetts, apparatus and breaks for fire protection, 45, 127. 

bounty legislation, 2. 

closed season for fires, 125, 126. 

conferences of forest officials, 124. 

costs of extinguishing railroad fires, 125. y 

early fire laws, i, 20, 22. 

fire balloons, 126. 

fire control, 124. 

fire law of 1886, 31. 

fire law of 1897, 44- 

fire warden, 63, 124. 

foreigners to have permits, 127. 



INDEX IX 



forest commission, 63. 

hunting season closed, 126, 

insect pests to be reported, 124. 

moth suppression, 62. 

municipal forests, 209. 

nursery, 62, 63. 

permits for fires, 45, 125. 

private forests established by the state, 62. 

railroad fire law, 26, 27, 124. 

slash disposal, 127. 

species to be Ipanted, 196. 

state fire warden, 127. 

state forester, 61. 

state forests, 61, 62, 63, 

taxation of, 64. 

tax exemption for private forests, 196, 207. 

trespass law, 2. 

wardens not liable for trespass, 124. 
Matches, 31, 119, 123, 131, 136, 168, 225. 
Michigan, chief fire warden, 128. 

closed fire season, 45, 128. 

constitutional authority for state forests, 65. 

cost of fire control distributed, 128. 

early fire law, 22. 

fire control, 127. 

forest administration, 64, 65. 

forest commissioner, 127. 

forestry commission, 13, 14, 65, 129. 

notice in advance of fires, 45. 

Pubhc Domain Commission, 65, 129. 

railroad fire law, 26, 27, 128, 129. 

staemboat fire law, 28. 

state forester, 66. 

state forests, 64. 

taxation of, 64. 

summoning aid to fires, note, 25. 

tax exemption, 201. 

town officers as fire wardens, 128. 

trespass laws, note, 3. 
Mill refuse to be disposed of, 171, 226. 
Mineral and medicinal springs, 246. 
Mining allowed with national forests, 246, 250. 
Mining allowed with state forests, 99. 
Minnesota, arrest for forest offenses, 16, 43. 

board of forestry, 16, 67. 

board of timber commissioners, 68. 

bounty for forest planting, 69, 182, 185, 188 

burden of proof as to fire, 131, 132. 

clearing for camp fires, 131. 

Cloquest demonstration forest, 67. 

district rangers, 131. 

early fire laws, 22. 

federal grant of forestry land, 67, 



X INDEX 

fire breaks, towns and railroabs, 132. 

fire control, 130. 

fire laws of 1895, 42- 

forest administration act of 191 1, 67 

forest commissioners, 15, 130. 

forest reserves, 16, 66. 

forestry association, 4. 

geological survey to report upon forests, note, 19 

Hinckley fire, 15. 

hunters' liability for fires, 43, 

inflammable material, 43. 

inspection of engines, 132. 

Itasca State Park made forest reserve, 66, 68 

malfeasance by officials, 131. 

matches, etc., as fire causes. 131. 

municipal forests, 213. 

naked torch, 131. 

notice of logging operations, 68. 

patrol by railroads, 131. 

penalties under fire law, 16, 43, 131. 

portable engines, 130. 

railroad fire law, 16, 26, 42, 131. 

railroad insurable interest, 131. 

rangers, 130. 

sale of timber forest reserve, 16, 66. 

school lands for forestry purposes, 69. 

slash disposal, 131, 132, 133. 

species to be planted, 188. 

state forest, 68. 

state forests, 68, 69. 

summoning of assistance at fires, 42, 131. 

town and county forestry boards, 16. 

town officers as wardens, 16, 42, 130. 
Mississippi, early fire laws, 22. 

fire control, 133. 

forest administration, 69. 

geological survey to report as forests, 69. 
Missouri, bounty for forest planting, 185. 

camp fires, 69. 

early fire laws, 22. 

fire control, 133. 

forest administration, 69. 

geological survey to report on forests, note, 19. 

railroad fire law, 69, 133. 

railroad insurable interest, 133. 

trespass legislation, note, 3. 
Moiety to informer, 40, 78, 145, 175. 
Montana, bo^rd of forestry, 69. 

cooperation in fire control, 134. 

early fire laws, 22. 

fire control, 133. 

xorest administration, 69. 

railroad fire law, 26, 27, 28, 133. 



INDEX XI 

restrictions as to timber cutting, 70. 

sale of timber on state lands, 17, 70. 

school lands for forestry purposes, 70. 

sheriffs as wardens, 134. 

slash disposal, 134. 

state forests, 70. 

state forests and parks, 70. 
Moth suppression, 62. 
Mulberry trees, 179. 
Municipal forests, 209, 221. 

Indiana, 213. 

Massachusetts, 209. 

Minnesota, 213. 

New Hampshire, 213. 

New Jersey, 74, 211. 

New York, 87, 212. 

Pennsylvania, 94, 211, 

Vermont, 99, 214. 

Wisconsin, 212. 

Naked torch, 32, 36, 131, 162, 225. 

National Academy of Sciences, 245. 

National forest reserve, administration of, 245, 247. 

advance cutting of timber, 247. 

definition of objects, 247. 

free use of timber from, 247, 251. 

name changed to national forests, 247. 

private sales of timber, 247. 

protection from fires, 247. 

regulations to govern, 247, 252. 

rights of way across, 246. 

sales of timber from, 246, 247. 

surveys within, 246. 

transferred to Department of Agriculture, 247, 
National forests, see national forest reserves, 245, 246, 247 

exportation of timber from, 248, 251. 

free use of timber by navy and for telephone lines, 25 i 

free nursery stock in Nebraska, 251. 

homesteads within, 248. 

Indian allotments within, 248. 

injury to turpentine trees, 252. 

in the Appalachin mountains, 249. 

limit of cost of ranger quarters, 251. 

not to be created by proclamation 248. 

permits for use of portions, 251. 

prohibition of ranger stations on settled lands, 251. 

setting or leaving of fires, 252. 

use of revenue for roads and schools, 250, 251. 
National Forestry Association, 7 
National Park Timber Lands, 253. 
Naval timber reserves, 237,240. 
Navy, authorization of, 236. 
Nebraska, Arbor day in, 4. 



XII INDEX 

bounty and tax exemption for forest planting, 185, i! 

early forest fire law, 23. 

lire control, 134. 

fire law of 1899, 46. 

forest administration, 70. 

forest experiment station, 70. 

railroad fire law, 26, 46. 

tax exemption for forest planting, 185. 
Nevada, bounty for forest planting, 186. 

camp fire law, 23. 

early fire law, 23. 

fire control, 134. 

forest administration, 71. 

restrictions as to timber cutting, 71. 

species to be planted, 186. 

trespass legislation, note 3. 
New Hampshire, camp fires, 137. 

commission on forestry, 6, 15, 71. 

cooperation with federal service, 71, 73. 

cost of fire control distributed, 135, 136. 

Crawford Notch, acquisition of, 73. 

district fire chiefs, 136. 

early fire law, 20, 23. 

fire control, 38, 135. 

forest administration, 71. 

hunters, liable for fires, 26. 

hunting season closed, 136. 

lookout stations, 136. 

matches, etc., 136. 

municipal forests, 213. 

nurseries, 72. 

patrol for fires, 135, 

permits for fires, 136. 

portable engines, 137. 

private forests, established by state, 73. 

railroad fire law, 27, 137, 138. 

railroad, insurable interests, 27. 

railroad to pay cost of fire control, 138. 

reward for fire protection, 38. 

seedlings to citizens, 72. 

selectmen as wardens, 15, 135. 

slash disposal, 138. 

state forester, 71, 72. 

state forests, 15, 72. 

summoning of assistance, 136. 

tax exemption for forest reserves, 198. 

wardens appointed by state forester, 72, 135. 
New Jersey, Board of Conservation, 75. 

charcoal burning, etc., 138, 140. 

civil service status of forest employees, 76. 

cost of fire control, distributed, 74. 

cost of fire control paid by offender, 141, 142. 

Directors of conservation, 75. 



INDEX XIII 

early fire law, 20, 23. 

fire control, 138. 

fire districts, 139, 140, 142. 

fire maps, 39. 

fire, patrol, 140, 142. 

fire provisions of 1892, 1894, and 1899, 39. 

forest park reservation commission, 74. 

forst reserves as public parks, 76. 

geological survey report upon forests, 19. 

hunters liable for fires, 26. 

investigation of causes of fires, 32, 139. 

municipal forests, 211. 

permits for fires, 140. 

railroad fire law, 27, 139, 141. 

railroad insurable interest, 27. 

sale of forest reserve lands, 75. 

sale of timber from forest reserves, 76. 

slash as a nuisance, 142. 

state assistance to municipalities, 74, 139, 140. 

state fire warden, 74, 139. 

state forester, 75. 

state forests, 74. 

state forest taxation, 74. 

summoning residents to fire, 75, 140. 

town officers as fire wardens, 74, 75. 
New Mexico, early fire law, 23. 

fire control, 143. 

forest administration, 76. 

railroad fire law, 27, 28. 

tax exemption for forest planting, 189. 
New York, Adirondack Park, lo, 76, 79, 86. 

arrest for forest offenses', 9. 

assistant state wardens, 145, 146. 

bonds for forest purchase, 87. 

borrowing money for fire protection, 83, 150. 

Catskill Park, 78, 79, 86. 

chief fire warden, 144, 146. 

civil service applicable to forest officers, 86. 

college of forestry (Cornell), 19, (Syracuse), 81. 

condemnation of forest land, 80, 83. 

Conservation Commission, 81, 84, 85. 

constitutional prohibitions of sale or lease, 10. 

contracts with land owners within preserve, 11. 

court claims, jurisdiction, 80. 

convict labor in forestry work, 82. 

counties within preserve, 8, 9, 76. 

Cuba reservation, 86. 

dead timber on state reserves, 84, 85. 

decisions under forest laws, 10. 

destruction of fences, etc., in fire control, 30, S3> I43- 

district wardens, 143, 147, 150. 

early fire law, 20, 21, 32. 

early forest legislation, 2. 



XIV INDEX 

expert foresters, 77, 80, 82, 85, 144. 

fallows, burning of, 35. 

fire control, 143. 

fire law of 1885, 29. 

fire towns and fire patrolmen defined, 86. 

fires reported, 9, 33. 

forest administration, 5, 8, 11, 77, 78, 87, 84. 

forest commissioner, 78, 80. 

forest fire and forest land defined, 86. 

forest pathologist, 82, 85. 

fcerest preserve, 8, 9, 76, 79. 

forest preserve board, 11, 78. 

forestry commission, 5, 8, 77, 78, 81, 84. 

hunting season closed, 148, 151. 

Indian land may be reforested, 82. 

inspection of railroads, 85. 

inspection of private lands, 83. 

John Brown farm, 86. 

land commissions on forest purchase board, 78, 80. 

leases of land in preserve, 10. 

moiety to informer, 78, 145. 

municipal forests, 87, 212. 

nursery stock to citizens at cost, 81, 82, 87, note 202. 

patrol by railroads, 145, 147. 

patrol by state lands, 146. 

penalties for forest offenses, 9, 12, 34, 35, 78, 79, 144, 147. 

148, 149, 151. 

permits for fires, 144, 147, 148. 

person defined, 86. 

purchase of forest land with proceeds of sales, 10. 

railroad company defined, 86. 

railroad fire law, 9, 30, 34, 143, 145, 148, 149, 151, 

railroads to remove material adjacent to way, 151. 

reforestation of state reserves, 81. 

report on forest industries, 80, 87. 

reservation of timber on lands sold to state, 12, 78, 82'. 

right of way defined, 86. 

Saint Lawrence Pailc, 77, 79, 86. 

sale of detached tracts by state 9, 10. 

sale of timber on preserves, 10. 

slash disposal, 146, 149, 151. 

spruce, 77. 

state forester, 79. 

state forests, 11, 12. 

summoning assistance to fires, 30, 33, 35. 

superintendent of state forests, 77, 80, 84, 85. 

taking of land subject to lease, etc., 78. 

taxation of state forests, 9. 

tax exemption of forest lands, 11, 83, 87, 182, 202. 

town fire maps, 33, 35. 

town officials as wardens 9, 22, 30, 148, 149, 150. 

trespass .penalties, 78, 79. 

use of forest preserve revenue, 77. 



INDEX XV 

wardens not liable for trespass, 30, 33, 143. 
North Carolina, arrest without warrant, 88. 

early fire law, i, 20, 23. 

fire control, 152. 

geological survey to report on forests, 19, 

geological survey to supervise forestry work, 87. 

patrol for fires, 153. 

private forests classed as state forests, 87. 

railroad fire law, 153. 

state fire warden, 152. 

state forester, 88, 152. 

state forests, 88. 

summonimg of assistance for fires, 153. 
North Dakota, bounty and tax exemption for forest planting, 
191, 192. 

distribution of seeds and seedlings, 89. 

fire control, 37, 153. 

railroad fire law, 37. 

school of forestry, 18. 

state forester, 88. 

superintendent of forestry, 18. 

town officers as fire wardens, 153. 

summoning assistance to fires, 153. 
Notice of fires, 21, 23, 35, 45, 109, no, 173. 
Notice of logging operations, 68. 
Nurseries, 56, 61, 63, 72, 81, 84, 85, 88, 93, 98, 100, note 198, 199, 

note 202, note 207, 220. 
Nursery stock at cost or free, 57, 61, 63, 72, 88, 93, 98, note 194. 
Nursery trees not entitled to tax exemption, 184. 

Ohio, department of forestry, 89. 

early fire law, 23. 

experiment station, 89. 

fire control, 153. 

fire law of 1885, 29. 

forest investigation, 8, 89. 

forestry bureau, 8. 

railroad fire law, 36, 153. 

state forests, 90. 
Oklahoma, early fire law, 36. 

fire control, 154. 

forest administration, 90. 
Oneida county, added to preserve area in New York, 9 
Oregon, arrest without warrant, 40. 

board of forestry, 90, 91. 

camp fires, 154, 155. 

closed season for fires, 154, 156. 

cost of fire control paid by offender, 156. 

county judge as fire warden, 156. 

county rangers, 90, 91. 

demonstration forests, 91. 

early fire law, 18, 23, 39. 

fire control, 154. 



XVI INDEX 

forest administration, 90. 

gun wads, 154. 

hunting season suspended, 156. 

patrol for fires, 156. 

penalties for forest offenses, 155. 

permit for fires, 154, 156. 

railroad fire law, 90, 154, 155. 

rangers, 90, 91, 154. 

slash disposal, 155. 

state forester, 91. 

state forests, 91. 

wardens, 154, 155. 

Palisades Interstate Park, 82, 87. 

Parks, 10, 60, 66, 68, 70, 76, 77, 79, note 21 r. 
Penalties for forest offenses, 9, 12, 16, 17, 21, 34, 36, 41, 43, 45, 52, 
78, 79, 92, 93, 109, no, 115, 119, 128, 133, 134, 144, 147, 
148, 149, 151, 155, 158, 159, 163, 164, 168, 169, 173, 235, 238. 
Pennsylvania, arrest without warrant, 44, 92. 

Auxiliary forests, 94, 

bureau of forest protection, 158. 

commissioner of forestry, 13, 92. 

constables as fire wardens, 156, 157. 

cooperation in fire control, 158, 159. 

cost of fire control distributed, 44, 157, 158. 

department of forestry, 92. 

deputy commissioner of forestry, 92. 

distribution of cost of fire control, 44, 157, 158. 

district foresters, 94. 

early fire laws, 20, 22. 

fire balloons, 158. 

fire control, 156, 157. 

fire law of 1887, 32. 

fire, law of 1897, 43. 

fire patrol, 157. 

forestry commissioner, 12. 

forestry reservation commission, 92. 

forest school, 92. 

gas and oil regions, 157. 

municipal forests, 94, 211. 

nursery stock to be distributed, 93. 

penalties for forest offenses, 158. 

private forests, 94. 

purchase of forest land, 13, 92, 93. 

railroad fire law, 157. 

sale of timber from state forests, 92. 

search for causes of fires, 26, 156. 

state forests, 13, 92, 93, 94. 

state forest taxation, 92. 

state tax exemption of private forests, 197, 206. 

town officers as fire wardens, 156, 157. 
Permits for open fires, 25, 35, 42, 45, no, 113, 115, 116, 125, 136. 
140, 142, 144, 147, 148, 154, 156, 159, 168, 170, 223. 



INDEX XVII 

Person defined, 86. 

Planting of trees, 179, 182, note 196. 

Plymouth Colony, i. 

Poplar, 77, 78, 82. 

Portable engines, 52, 130, 137, 172. 

Premiums for forest planting, 182, note 196. 

for maple sugar products, note 198. 
Private forests, 182, 220. 
Private forests, established by state, 62, 73. 
Public Domain Commission, 65, 129. 

Railroads, clearing of right of way, 26, 28, 30, 34, 36, 37, 38, 41, 42, 
43, 69, 116, 118, 119, 122, 125, 129, 133, 143, 166, 230. 
company defined, 86. 
, cost of extinguishing fire, 113, 123, 125, 138. 
cost of fire patrol, 145, 147. 
damage appraisement, 32. 
fire breaks, 27, 40, 132, 137, 138, 141, 230. 
insurable interest in other property, 26, 27, 32, 118, note 131, 

133, 139, 166, 177. 
liability for fires, 9, 14, 16, 17, 26, 27, 28, 29, 30, 31, 32, 34, 
36, 37, 40, 41, 43, 46, 58, 69, 90, 109, no, 112, 113, 114, 
115, 116, 117, 118, 119, 120, 122, 124, 125, 128, 129, 131, 
132, 133, 137, 139, 141, 143, 145, 148, 149. 151. 153. 157. 
162, 166, 167, 168, 169, 170, 171, 173, 175, 176. 
must employ extra trackmen, 30, 34. 
must mow right of way, 46, note 155. 
must patrol right of way, 131, 145, 147, 231. 
must plow strips, 26, 27, 31, 133. 
must report fires, 30, 38, 41, 119, 129, 144. 
must use screens, etc., 9, 16, 27, 29, 30, 38, 41, 43, 52, 91,109 
III, 114, 115, 116, 117, 118, 122, 125, 129, 137, 145, 154, 
167, 176. 
setting of fires prima facie negligence, 27, 36, 37, 147. 
slash adjacent to, 138, 151, 160, 227. 
Rangers, state, 90, 91, 102, 106, 130, 154, 169. 
Rangers' quarters, limit of cost on National Forests, 251. 

not to be erected on entered land, 251. 
Red Cedar, 238, 240. 

Revenue from state forests, use of, 66, 77. 
Reward for fire detection, 38. 
Rhode Island, closed season for fires, 159. 
commissioner of forestry, 94. 
early fire laws, 20, 23. 
fire control, 95, 159, 160. 
forest administration, 94. 
lookout stations, 160. 
penalties for forest offenses, 159. 
permits for fires, 159. 
railroad fire law, 160. 
summoning assistance to fires, 159. 
tax exemption for private forests, 196. 
telephones for wardens, 161. 



XVIII INDEX 

wardens not liable for trespass, i6o. 
Right of way defined, 86. 
Rights of way across National Forests, 246. 

Rights of way to be cleared, 26, 30, 36, 37, 38, 41, 43, 133, 166, 230. 
Road and school aid for National Forests, 250. 
Roosevelt, creates National Forests, 248. 
Saint Lawrence Park, 77, 79, 86. 
Sale of State forest land, 9, 10, 75. 
Sale of timber from state forests, 10, 18, 76, 92, 97. 
School Endowment forests, 99. 
School lands as state forests, 69, 70. 
Schools of forestry, 18, 19, 81, 92, 106. 
Search for causes of fires, 26, 128, 139. 
Shade trees, 61, 180, 181. 
Sheriffs duties as to fires, 48, 112, 134. 
Slash as a nuisance, 107, 142, 155, 171, 227, 

disposal of, 53, 91, loi, 102, 114, 117, 122, 127, 131, 132, 134, 
146, 149, 151, note 152, 155, 169, 170, 173, 226. 

from construction work, 122, 133, 155, 171. 
South Carolina, early fire law, 22,. 

fire control, 161. 

fire law of 1891, 36. ' 

forest administration, 95. 

railroads, have insurable interest, 27. 

summoning of aid to fires, 161. 
South Dakota, bounty for forest planting, 191. 

evergreen trees, 191. 
. fire control, 161. 

forest administration, 95. 

forest supervision, 95, 161. 

railroad fire law, 40. 

trespass legislation, note 3. 
Spark arresters, 27, 30, 38, 41, 43, 91, 109, iii, 114, 115, 117, 118, 
122, 125, 129, 132, 137, 143, 145, 154, note 166, 171, 176, 
228. 
Species to be planted, 179, 184, 186, 188, 189, 195, 196, 199, 200. 
Spruce, 12, 77, 78, 82. 

State establishment of private forests, 62, 73. 
State fire warden, 17, 42, 51, 57, 74, 112, 127, 128, 139, 144, 146, 

152, 168, 174. 
State forester, 49, 50, 52, 55, 56, 57, 59, 60, 61, 66, 68, 70, 75, 88, 

91, 97, 98, 100, loi, 102, 103, 104, 105, 106, 112, 218. 
State forests, 11, 13, 15, 16, 51, 52, 55, 58, 60, 61, 62, 63, 64, 66, 68, 
69, 72, 91, 92, 93, 94, 97, 98, 100, 102, 103, 104, 107, 156, 
219. 

through gift, 16, 48, 52, 58, 67, 72, 74, 88, 98. 

through purchase, 10, 11, 13, 15, 50, 56, 58, 60, 61, 64, 66, 72, 
74, 78, 88, 90, 92, 93, 100, 103, 105. 

through reservation, 8, 14, 17, 64, 66, 69, 91, 97, 102, 104. 

taxation of, 9, 51, 64, 70, 71, 72, 74, 88, 90, 92, 93, 98. 
State Parks 10, 66, 68, 70, 76, 77, 79, 86. 
Stationary engines, 109, 123, 172, 175. 
Steamboat fire law, 28. 



INDEX XIX 

Summoning aid for fire control, 9, 14, 21, 25, 30, 33, 35, 37. 4c. 42, 
43, 44, 75, no, 112, 123, 124, 130, 131, 136, 140, 153, 157, 
159, 161, 162, 164, 166, 173, 174, 233. 

Superintendent of forestry, 18, 103. 

Superintendent of state forests, 77, 80, 84, 85. 

Syracuse forest school, 81. 

Tamarack, 77. 

Tax exemption and bounties, 182, 220. 

in Alabama, 200. 

Colorado, 188. 

Connecticut, 195, 205. 

Dakota, 184, 189. 

Idaho, 187. 

Illinois, 186. 

Indiana, 198. 

Iowa, 55, 184, 199. 

Kansas, 183, 190. 

Louisiana, 201. 

Maine, 195. 

Massachusetts, 64, 196, 207. 

Michigan, 201. 

Minnesota, 182, 185, 188. 

Missouri, 185. 

Nebraska, 185, 188. 

Nevada, 186. 

New Hampshire, 198. ^ 

New Mexico, 189. 

New York, 11, 83, 87, 182, 202, 

North Dakota, 191, 192. 

Pennsylvania, 94, 197, 206 

Rhode Island, 196. 

South Dakota, 191. 

Utah, 190. 

Vermont, 198, 203. 
Washington, 187. 

Wisconsin, 106, 107, 183, 200. 

Wyoming, 187, 190. 
Tax exemption, federal timber claims not entitled to, 189, 190, 

homesteaders allowed, 185. 

not affected by change of ownership, 185. 
Telephone for wardens, 161. 
Tennessee, charcoal burning, 162. 

comprehensive fire law 1907, 96, 163. 

county officials as fire wardens, 95, 163. 

early fire law, 23. 

fire law of 1887, 32. 

fire control, 161. 

fish and game officials as wardens, 162, 163. 

forest administration, 95. 

naked torch, 162. 

penalties for forest offenses, 163. 

railroad fire law, 162. 



XX INDEX 

summoning aid to fires, 162. 
Texas, cooperation in forestry, 97. 

early fire law, 23. 

early planting provision, 3. 

fire control, 163. 

forest administration, 97. 

state forester, 97, 164. 

state forests, 97. 
Threshing engines, 43, 176. 
Timber claims (federal) not entitled to state tax exemption, 

189, 190. 
Timber culture law, 192, 194, 244. 
Timber trespass, note p. 2, note p. 3, 238, 252. 
Torch carrying in forest, 32, 36, 43, 162. 
Towns may borrow money for fire control, 150. 
Town officers as fire wardens, 9, 14, 15, 16, 17, 22, 25, 29, 30, 31 
37, 39, 40, 42, 74, 75, 128, 130, 135, 148, 149, 150. 153. 156' 
157, 164, 165, 178. 

Tree belts, 183, 188, 191, 192. 
Unnaturalized citizens, 127, 225. 
Utah, constitutional provision as to forests, 18. 

early conservation provisions, 3. 

early fire law, 23. 

fire control, 164. 

forest administration, 97. 

protection of timber areas, 18, 97. 

tax exemption for forest planting, 190. 

Vermont, board of agriculture and forestry, 98. 
commission on forestry, 6. 
conferences of forest officials, 165. 
conservation commission, note 98. 
cost of fire control paid by towns, 166. 
early fire laws, 23. 
expenses paid by state, 165. 
fire control, 99, 164. 
fire districts, 166. 
fire notices, destruction of, 164. 
fire patrol, 165. 
fires, leaving of, 164. 
fish and game wardens, fire duti es, 1 65 . 

forest administration, 97. 

forest reserves, 98, 99. 

forestry commissioner, 97. 

hunting season closed, 165. 

lookout stations, 166. 

mining on state forests, 99. 

municipal forests, 214. 

nursery stock distributed, 98. 

penalties for forest olTenses, 164. 

railroads have insurable interest. 27. 

school endowment forests, 99. 

state forester, 98. 



INDEX XXI 

state forests, 98, 99. 

state forest taxation, 98. 

tax exemption for forest planting, 198, 203. 

town officers as wardens, 164, 165. 
Virginia, cooperation in forestry, 100. 

cost of fire control paid by offenders, 167. 

early fire laws, 23. 

early planting law, 179. 

fire control, 166. 

forest administration, 99. 

forest reserve fund, 100. 

geological commission to direct forestry work, 99. 

geological survey to report upon forestry, 19. 

National Forest reserve, note loi. 

nursery, 100. 

railroad lire law, 27, 166, 167. 

state forester, 100. 

state forests, 100. 
Voluntary fire wardens, 48, no. 

Wardens, not liable for trespass, 30, ^^, 72, 74, 124, 143, 160, 
172. 

Washington, board of forest commissioners, 102. 

camp fires, 168. 

classification of forest land, 102. 

closed season for fires, 168. 

cooperation in forestry work, 102. 

cruisers as patrolmen, 167, 168. 

early fire law, 23. 

fire control, 167. 

fire laws of 189 and 1891, 36. 

fire patrol, 168. 

fire warden, [oi, 168. 

forest administration, lor. 

hunters liable for fires, 26. 

inflammable material to be burned, 170. 

logging locomotives, loi, 102. 

manufacturing plants to care for waste, 171. 

matches, etc., 168. 

penalties for forest offenses, 168, 169. 

permits for fires, 168. » 

railroad fire law, 168, 169, 170, 171. 

slash as a nuisance, 171. 

slash disposal, loi, 102, 169. 

slash from construction work, 171. 

state forester, 102, 168. 

state forests, 102. 

state fire warden, 168. 

stationary engine, 172. 

tax exemption for forest planting, 187. 
Weeks law, 173, 249. 



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